Kelly v. Theiss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alice M. Theiss and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of March, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of March, 1901, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham. J.:
The action was brought against the defendant appellants as indorsers on a promissory note made by G. Theiss & Brother, dated June 6,1896, whereby, four months after date, the makers promised to pay to the order of the plaintiff $1,600 at 134 and 136 East Fourteenth street, Hew York city. The complaint alleges that immediately after the making of the note these appellants, Alice M. Theiss and Katie Theiss, in order to induce the plaintiff to extend the credit of the defendants George Theiss and John Henry Theiss, and to accept said note in payment of a pre-existing debt for value,…
2Cases cited2 opinions
- Carroll v. . SweetNew York Court of Appeals · 1891
- Smith v. . PoillonNew York Court of Appeals · 1882
3Cited by3 opinions
- Kelly v. TheissAppellate Division of the Supreme Court of the State of New York · 1902
- L. J. Anshen Co. v. IglowitzAppellate Court of Illinois · 1916
- Kelly v. TheissAppellate Division of the Supreme Court of the State of New York · 1902