Clarke v. Stumpf
Appellate Division of the Supreme Court of the State of New York
Cross-Appeals by the plaintiff, Thomas A. Clarke, and the defendants, Charles J. Stumpf and another, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 7th day of October, 1918, setting aside the verdict of a jury in plaintiff's favor for $1,650, and granting a new trial. The defendants appeal only from so much of said order as denies their motion to dismiss the complaint.
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Cross-Appeals by the plaintiff, Thomas A. Clarke, and the defendants, Charles J. Stumpf and another, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 7th day of October, 1918, setting aside the verdict of a jury in plaintiff's favor for $1,650, and granting a new trial. The defendants appeal only from so much of said order as denies their motion to dismiss the complaint. The complaint alleges that on August 1, 1916, the Social Centres Corporation made and delivered to the plaintiff, at the city of New…
1Opinion of the Court
Putnam, J.:
Although the first note had been renewed, and defendant Stumpf had written to plaintiff to wire and have the note recalled, it appears that in the channels of bank collection it reached Milwaukee, but was not properly presented, the demand being by telephone only. This, however, did not affect the defendants’ liability, since acceptance of such a renewal note is a waiver of any further step to hold the indorsers of the original note. (Leffingwell v. White, 1 Johns. Cas. 99; Leonard v. Gary, 10 Wend. 504; Sheldon v. Horton, 53 Barb. 23; affd., 43 N. Y. 93; Cady v. Bradshaw, 116 id.…
2Cases cited7 opinions
- Sheldon v. . HortonNew York Court of Appeals · 1870
- Leffingwell v. WhiteNew York Supreme Court · 1799
- Leonard v. GaryNew York Supreme Court · 1833
- National Hudson River Bank v. ReynoldsNew York Supreme Court · 1890
- Leary v. . MillerNew York Court of Appeals · 1875
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3Cited by3 opinions
- Goldstein v. Brastone Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Bank of Italy National Trust & Savings Ass'n v. SymmesCalifornia Court of Appeal · 1931
- Lockport Exchange Trust Co. v. HydeNew York Court of Appeals · 1937