Cumming v. Roderick
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Mari A. Gumming against George W. Roderick and another on a promissory note. The complaint was dismissed as to defendant Roderick, and plaintiff appeals. Reversed.
1Opinion of the CourtPatterson, J.
This action was brought to recover the amount of a promissory note made by the defendant Carpenter, and indorsed by the defendant Roderick. The case came to trial upon the complaint and answer of the defendant Roderick. The complaint was dismissed on the ground of the failure of proof "sufficient to charge the indorser with liability, and from that judgment this appeal is taken.
The facts, as they appeared on the trial, were: That Carpenter and Roderick had been partners in business prior to the date of the note in suit. That they had made during their co-partnership a note in their firm name,…
2Cases cited1 opinion
- Coulter v. . RichmondNew York Court of Appeals · 1875
3Cited by2 opinions
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1898
- Cuming v. RoderickAppellate Division of the Supreme Court of the State of New York · 1899