Chemical Nat'l Bank of N.Y. v. . Kohner
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and fur the city an'd county of ISTew York, reversing a judgment in favor of defendants, efitered upon the report of a referee. (Reported below, 8 Daly, 530.) The nature of the action and the facts are sufficiently stated in .the opinion.
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Appeal from order of the General Term of the Court of Common Pleas in and fur the city an'd county of ISTew York, reversing a judgment in favor of defendants, efitered upon the report of a referee. (Reported below, 8 Daly, 530.) The nature of the action and the facts are sufficiently stated in .the opinion. One of several creditors, who have agreed to the terms of the composition, cannot, by refusing to perform on his part, annul the composition or revive the original debt[ so far as he is concerned. (Renard v. Fuller, 4 Bosw. 107; Hall v. Merrill, 5 id. 266; Fellows v. Stevens, 24 Wend. 294;…
1Opinion of the CourtEarl, J.
This action was brought upon four promissory notes, amounting in the aggregate to over $15,000, made by Griffith and Prentiss and indorsed by Joseph Kohner, defendants’ intestate.. The defendants set up as a defense a composition agreement. The referee sustained the defense and ordered judgment for the defendants. Upon appeal by the plaintiff to the General Term, that judgment was reversed upon the ground that the agreement was made by plaintiff’s cashier, without its authority, and, therefore, was not binding upon it. It appears that beside the • notes held by the plaintiff, the same parties…
2Cases cited3 opinions
- Fellows v. StevensNew York Supreme Court · 1840
- Williams v. CarringtonNew York Court of Common Pleas · 1857
- Smythe v. GraydonNew York Supreme Court · 1865
3Cited by22 opinions
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Greig v. RiordanCalifornia Supreme Court · 1893
- Smith v. Wells Manufacturing Co.Indiana Supreme Court · 1897
- Kirkland v. . KilleNew York Court of Appeals · 1885
- Atlas Engine Works v. First National BankIndiana Court of Appeals · 1912
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