Cady v. . Bradshaw
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 17, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was upon a promissory note. The material facts are stated in the opinion. The contract of indorsement is conditional.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 17, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was upon a promissory note. The material facts are stated in the opinion. The contract of indorsement is conditional. (Story on Bills, § 198.) Before the holder of indorsed paper can charge an indorser he must see that these conditions are performed, or that the same are waived by the party to be charged, or render a sufficient excuse for their non-performance. (Story on…
1Opinion of the CourtParker, J.
The defendant, Hiram W. Bradshaw, indorsed . a promissory note made by E. D. Bradshaw to the order of Reuben Rowland, and indorsed by him. The note was for $1,000, payable one year after its date, which was July 11, 1882. It was not paid when due, and thereafter this plaintiff, who became the owner and holder thereof before maturity, • commenced this action. The defendants, E. D. Bradshaw and Reuben Rowland, suffered default. This defendant, in and by his answer, and upon the trial, contended that he was not liable as indorser upon the note, for the reason that when the note became due it was…
2Cases cited4 opinions
- Sheldon v. . HortonNew York Court of Appeals · 1870
- Ross v. . HurdNew York Court of Appeals · 1877
- Leffingwell v. WhiteNew York Supreme Court · 1799
- Leonard v. GaryNew York Supreme Court · 1833
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- Foundry Manufacturing Co. v. FarrSupreme Court of Vermont · 1923
- First National Bank of Henderson v. JohnstonSupreme Court of North Carolina · 1915
- Jones v. Board of Education of Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1934
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