Berner v. Mittnacht
The Superior Court of New York City
The action was upon a promissory note made by Eittig and indorsed by Mittnacht, and payable “ at Ho. 1 Tryon row, in the city of Hew York.” The complaint alleged presentment of the note for payment at the place named therein, and the non-payment thereof. And further, that Mittnacht, the indorser, was present at such presentment, and had actual knowledge of such non-payment, and waived formal notice thereof, and then and since has promised to pay the note.
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The action was upon a promissory note made by Eittig and indorsed by Mittnacht, and payable “ at Ho. 1 Tryon row, in the city of Hew York.” The complaint alleged presentment of the note for payment at the place named therein, and the non-payment thereof. And further, that Mittnacht, the indorser, was present at such presentment, and had actual knowledge of such non-payment, and waived formal notice thereof, and then and since has promised to pay the note. The answer of the indorser, Mittnacht, alleged that the note was not presented for payment to the maker, and denied notice of non-payment…
1Opinion of the Court
By the Court :
Monell, J.
The evidence introduced in this case, and which the learned justice charged the jury was admissible as affecting the credibility of the witness, was of a single charge. A complaint of perjury had been made against him, and he was bound over to answer any indictment which might be found.
This evidence was not followed by any proof of a trial and conviction. But the witness was allowed to make such explanation in respect to the charge as he was able, and the jury were instructed to say whether “ under all the circumstances the charge should affect the testimony of the…
2Cases cited2 opinions
- Jackson v. OsbornNew York Supreme Court · 1829
- Hannah v. McKellipNew York Supreme Court · 1867
3Cited by2 opinions
- Lindsley v. MillerAppellate Division of the Supreme Court of the State of New York · 1896
- Hall v. United States Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1902