Gates v. Williams
New York Court of Common Pleas
Appeal from city court, general term. Action by Ephraim C. Gates and others against Ellen Williams, impleaded, etc., on a promissory note. From a judgment of the city court (22 H. Y. Supp. 925) reversing a judgment entered on a verdict against defendant Williams, plaintiffs appeal.
1Opinion of the CourtBischoff, J.
The plaintiffs, being the payees named in the note in suit, were prima facie liable as first indorsers, and could not maintain this action against the defendant (respondent) in the absence of an agreement whereby the latter assumed to be answerable as indorser to the former. Bornstein v. Kauffman (Com. Pl. N. Y.) 23 N. Y. Supp. 852, and cases cited. Conceding this, the plaintiffs alleged in their complaint that the note indorsed by *713the defendant was given by the makers in payment of the purchase money for certain lumber thereafter to be supplied by the plaintiffs to the makers, for use in the…
2Cases cited5 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Frear v. . SweetNew York Court of Appeals · 1890
- Harris v. . TumbridgeNew York Court of Appeals · 1880
- Mechanics' & Traders' Bank v. LivingstonNew York Court of Common Pleas · 1893
- Bornstein v. KauffmanNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Casey v. StewartNew York Court of Common Pleas · 1895