National Exchange Bank v. Lester
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May-16, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The defendant was sued as the accommodation indorser upon a note for $375 made by one Frank L. Fancher and acquired by the plaintiff bank before maturity in the regular course of its business.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May-16, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The defendant was sued as the accommodation indorser upon a note for $375 made by one Frank L. Fancher and acquired by the plaintiff bank before maturity in the regular course of its business. The defense was that the note as originally made and indorsed was for $75 only; that the maker thereafter, without the knowledge or consent of. the indorser, altered…
1Opinion of the CourtWillard Bartlett, J.
As this case went to the jury, they might well have found that the note in suit was a note for only seventy-five dollars when originally prepared by the maker and indorsed at his instance by the defendant, and that it had subsequently been altered to a note for three hundred and seventy-five dollars when discounted by the plaintiff bank. They were instructed in substance, however, that the indorser was liable for the amount of the note as raised by the alteration, if he had been careless and negligent in placing his name upon the instrument while there were spaces thereon which permitted the…
2Cases cited18 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Holmes v. TrumperMichigan Supreme Court · 1871
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Bradish v. BlissSupreme Court of Vermont · 1862
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3Cited by27 opinions
- Gutfreund v. East River National BankNew York Court of Appeals · 1929
- Glasscock v. First National BankTexas Supreme Court · 1924
- Ehrich v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Linick v. A. J. Nutting & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- United States v. HansettCourt of Appeals for the Second Circuit · 1941
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