Legal Opinion

Greene v. . Bates

New York Court of Appeals

Decided September 17, 1878PublishedCited by 1 opinion

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a promissory note made by defendant McIntosh, payable to the order of and indorsed by defendant Fischer, and thereafter indorsed by defendant Bates.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a promissory note made by defendant McIntosh, payable to the order of and indorsed by defendant Fischer, and thereafter indorsed by defendant Bates. Defendant Bates answered, setting up, among other things, that by a valid agreement between H. and a former holder of the note, plaintiff and McIntosh, the time of payment of the note was extended, and the right of action thereon suspended, whereby…

1Opinion of the CourtRapallo, J.

The important question in this case is whether the legal effect of the arrangement made between Hurd while holder of the note in suit, Greene the plaintiff, and McIntosh the maker, was to suspend the right of action of Hurd against McIntosh until the maturity of the note given by Greene to Hurd. If such was its effect it doubtless discharged Bates the last indorser, he not having consented to the arrangement.

The substance of the arrangement was that on the 7th of November, 1870, the note being past due and Hurd the holder pressing for payment, Greene the plaintiff, at the request of McIntosh…

2Cited by1 opinion

  1. Brown v. MasonAppellate Division of the Supreme Court of the State of New York · 1900

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