Eisner v. Keller
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine-Court. The action was brought against the defendant as the indorser of a promissory note for $2,033.60, to recover an unpaid balance of $500. The defendant, by answer, alleged that the note had been fully paid and satisfied by one Schwartz, the maker, and he, the defendant, thereby became, as indorser, fully discharged from liability.
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Appeal by the defendant from a judgment of the Marine-Court. The action was brought against the defendant as the indorser of a promissory note for $2,033.60, to recover an unpaid balance of $500. The defendant, by answer, alleged that the note had been fully paid and satisfied by one Schwartz, the maker, and he, the defendant, thereby became, as indorser, fully discharged from liability. The action was tried before a justice without a jury, and, upon the conclusion of the evidence (which is detailed in the opinion of the court), judgment was-rendered for the plaintiff. *The defendant appealed…
1Opinion of the Court
By the Court.*
Daly, Chief Justice.
This case appears to-have been decided upon the assumption that the note of Simms & Haller, which was payable at a further day, and was for the same sum as the note upon which the defendant is sued as indorser, was received by the plaintiff, merely as collateral security, and not upon any agreement, express or implied, to extend the time for the payment of the note upon which the defendant was indorser.
The circumstances under which the note of Simms & Haller was made and delivered to the plaintiff, are detailed in part by his testimony and in part by that of…
2Cases cited6 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Place v. . McIlvainNew York Court of Appeals · 1868
- Hart v. HudsonThe Superior Court of New York City · 1857
- Taylor v. AllenNew York Supreme Court · 1862
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3Cited by2 opinions
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896