Bird v. Kay
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph W. Kay, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of ISTew York on the 13th day of March, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of March, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was upon a promissory note made by one Cavendy, to his own order and indorsed by him and also by the defendant, and the plaintiffs seek to charge the defendant by reason of his liability as indorser of the note. The allegation of the complaint was that Cavendy “ endorsed the same, and thereupon the defendant endorsed the same, and after said endorsement by the defendant said note was delivered by said Cavendy, and thereafter, and before maturity, * * * came into the possession of these plaintiffs.” The complaint contained a further allegation that the indorsement by the…
2Cases cited2 opinions
- Bank of Albion v. SmithNew York Supreme Court · 1858
- Spies v. . GilmoreNew York Court of Appeals · 1848
3Cited by7 opinions
- Congress Brewing Co. v. HabenichtAppellate Division of the Supreme Court of the State of New York · 1903
- Mathes v. BangsCalifornia Court of Appeal · 1932
- Mechanic v. Elgie Iron Works, Inc.Appellate Terms of the Supreme Court of New York · 1917
- Hodgens v. JenningsAppellate Division of the Supreme Court of the State of New York · 1912
- Girard National Bank v. BrodyNew York Supreme Court · 1924
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