State Bank v. . Smith
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered March 21, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the amounts alleged to be due upon twelve promissory notes.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered March 21, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the amounts alleged to be due upon twelve promissory notes. Between the 21st of June and the 17th of September, 1889, the firm of J. W. & W. F. Smith, doing business in Brooklyn, executed and delivered twelve promissory notes, aggregating $13,911.24 in amount, to the firm of Wainwright & Bryant, doing business in Philadelphia, and the latter firm…
1Opinion of the CourtVann, J.
We have stated the facts with great fullness, so that the effect of our decision can be seen, but we shall be brief in announcing our conclusions and in giving our reasons, because the most of the questions have been so fully discussed, both by the General Term and by the referee, as to leave little to be said by us.
The referee found, in accordance with the contention of the defendants, that eleven of the notes in question were accommodation paper, and, as the plaintiff neither excepted nor appealed, both parties must accept that conclusion as unassailable on this review. The twelfth note,…
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