Weston v. Citizens' National Bank of Corry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Citizens’ National Bank of Corry, Pa., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 20th day of April; 1903, upon the decision of the court rendered after a trial at the Cattaraugus Special Term.
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Appeal by the defendant, the Citizens’ National Bank of Corry, Pa., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 20th day of April; 1903, upon the decision of the court rendered after a trial at the Cattaraugus Special Term. This is an action in equity, and was commenced on the 10th day of September, 1900, to perpetually restrain the prosecution of an action at law pending in the Supreme Court, originally brought by the defendant against the plaintiff’s testator and others. The judgment granted the…
1Opinion of the Court
McLennan, P. J.:
The facts are not in dispute. The appellant is a national bank, having its place of business in Corry, Penn. For many years prior to January 5, 1892, Abijah Weston, On-in Weston and William W. Weston were extensively engaged in the lumber business as- copartners, under the firm name of “ Weston Brothers.” On the 6th day of December, 1891, William W. Weston assumed to make the promissory note of said firm for $3,179.27, payable to the order of one G-. E. Eamsey, and signed it “ Weston Brothers.” The note was indorsed by the payee, by S. S. Eamsey and by W. H. & D. C. Conklin,…
2Cases cited6 opinions
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Candee v. . SmithNew York Court of Appeals · 1883
- Citizens' National Bank v. . WestonNew York Court of Appeals · 1900
- Dinsmore v. AdamsNew York Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kriser v. RodgersAppellate Division of the Supreme Court of the State of New York · 1921
- In re PeopleNew York Supreme Court · 1913
- Marco v. SachsNew York Supreme Court · 1960
- Chippewa Credit Corp. v. StrozewskiAppellate Division of the Supreme Court of the State of New York · 1940
- Utica City National Bank v. Penwarden, New York County Courts1918
7 more not listed; retrieve them via the Exa API.