Kingsland Land Co. v. Newman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin H. Newman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 9th day of March, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Kings County Circuit.
1Opinion of the Court
Brown, P. J.:
This action was brought to recover upon a promissory note made by Paul 0. Grening and indorsed by the appellant and discounted by *2the Commercial Bank of Brooklyn, and transferred to the respondent after maturity.
At the close of the testimony the trial court directed a verdict for the plaintiff, to which defendant excepted.
We are of the opinion that the court erred in holding as a question of law that notice of the presentation, demand and non-payment of the note by the maker had been given to the appellant. That question, upon the testimony, we think, was one of fact, and should…
2Cases cited1 opinion
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
3Cited by22 opinions
- State v. RobertsNew Jersey Superior Court Appellate Division · 1965
- Guaclides v. KruseNew Jersey Superior Court Appellate Division · 1961
- Stern v. LaroccaNew Jersey Superior Court Appellate Division · 1958
- Casteel v. CasteelNew Jersey Superior Court Appellate Division · 1957
- Konitch v. HartungNew Jersey Superior Court Appellate Division · 1963
17 more not listed; retrieve them via the Exa API.