Cuming v. Roderick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George W. Roderick, from a judgment of the Supreme Court in favor of the plaintiff and against the said defendant, entered in the office of the clerk of the county of New York on the 13tli day of October, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of October, 1897, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This case comes up on an appeal by the defendant Roderick from a judgment in favor of the plaintiff in an action upon a promissory note, of which the appellant was the indorser and the plaintiff the payee. The action has been twice tried. On the first trial the complaint was dismissed for insufficiency of proof. On the appeal from the judgment entered upon that dismissal we held (16 App. Div. ■339) that there was some evidence to go to the jury of the note having been indorsed by Roderick to give Carpenter, the maker, credit with Cuming, the payee. Whatever doubt may have…
2Cases cited2 opinions
- Hoyt v. . MartenseNew York Court of Appeals · 1857
- Bacon v. . HannaNew York Court of Appeals · 1893
3Cited by13 opinions
- Century Bank v. BreitbartCity of New York Municipal Court · 1915
- Howard v. Van GiesonAppellate Division of the Supreme Court of the State of New York · 1899
- Philip & William Ebling Brewing Co. v. ReinheimerNew York Supreme Court · 1900
- Cuming v. . RoderickNew York Court of Appeals · 1901
- Latham v. SheffAppellate Division of the Supreme Court of the State of New York · 1920
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