Spring v. George
New York Supreme Court
On exceptions from circuit court, New York county. Action by Elizabeth S. Spring, administratrix of Marshall Spring, deceased, against Francis George and Cornelius Stokem, on a promissory note made by Stokem and indorsed by George. Stokem did not defend. A verdict against George was directed, and his exceptions were ordered heard, in the first instance, at general term.
1Opinion of the CourtBartlett, J.
This is an action upon a promissory note. The maker does; not defend. The court at circuit directed a verdict against the indorser, and ordered the exceptions to be heard, in the first instance, at general term. One-of the defenses of Francis George, the indorser, was that Marshall Spring, the-plaintiff’s intestate, brought a suit on the note against him and Cornelius Stokem, the maker, in 1870; that he obtained a warrant of attachment under which the sheriff levied upon sufficient property of Stokem, the maker, to satisfy the note; and that subsequently Spring, without the knowledge or…
2Cases cited2 opinions
- Shutts v. . FingarNew York Court of Appeals · 1885
- Smith v. . ErwinNew York Court of Appeals · 1879
3Cited by2 opinions
- Plankinton v. GormanWisconsin Supreme Court · 1896
- Auto Brokerage Co. v. Morris & Smith Auto Co.Appellate Terms of the Supreme Court of New York · 1919