Frank v. . Wessels
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict. The complaint in this action alleged, in substance, that plaintiff’s assignor, William Feist, delivered to defendant certain money to the amount of $2,496 to be repaid on demand, with interest, defendant delivering a receipt or certificate of deposit therefor; that defendant refused to pay-on demand.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict. The complaint in this action alleged, in substance, that plaintiff’s assignor, William Feist, delivered to defendant certain money to the amount of $2,496 to be repaid on demand, with interest, defendant delivering a receipt or certificate of deposit therefor; that defendant refused to pay-on demand. The instrument delivered by defendant was as follows: “ New Yoke, February 4, 1871. Received from Straut Bros, for account of Mr. W. Feist, carpenter, of…
1Opinion of the Court
Church, Ch. J.
The only question in this case is whether the defendant was entitled to indemnity, as provided by statute, in actions upon lost negotiable notes. (2 R. S., 406.) It was not necessary to offer indemnity before action brought. It is sufficient to give it before recovery. I infer that the learned judge intended to decide that the plaintiff could recover without giving indemnity. The case states that the plaintiff’s counsel said that the plaintiff would give a bond if required. The defendant’s counsel then moved for a nonsuit on the ground (among others) that indemnity had not been…
2Cases cited1 opinion
- Patterson v. PoindexterSupreme Court of Pennsylvania · 1843
3Cited by14 opinions
- McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
- Brooke v. StruthersMichigan Supreme Court · 1896
- Zander v. New York Security & Trust Co.New York Court of Appeals · 1904
- Klauber v. BiggerstaffWisconsin Supreme Court · 1879
- Carr v. StateNew York Court of Claims · 1961
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