Harlem Bank v. Falconer
New York Marine Court
Appeal from an order of the trial term denying a motion of the defendant and indorser Hopner for a new trial. The action was tried at the March, 1876, term, and a verdict directed for the plaintiffs. The motion for a new trial, which was made upon the minutes of the trial judge, was denied by him, for the reasons stated in the following opinion, filed at the time:
1Opinion of the CourtMcAdam, J.
The plaintiffs brought this action upon a post-dated check drawn by the defendant John M. Falconer to the order of his co-defendants Hazlett and Marvin. The check, which bears date September 17, 1874, was drawn upon the Produce Bank, and was payable on October 10, 1874. The payees indorsed the check and offered it for discount, which the plaintiffs declined until the payees first procured another indorser whose pecuniary condition proved satisfactory to them. Hopner assumed the responsibility, proved satisfactory, and was accepted, and the discount was made upon the credit of his name. At…
2Cases cited6 opinions
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- McKecknie v. . WardNew York Court of Appeals · 1874
- Reynolds v. WardNew York Supreme Court · 1830
- Wells v. . MannNew York Court of Appeals · 1871
- Lowman v. . YatesNew York Court of Appeals · 1868
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