First National Bank of Friendship v. Weston
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, the First Rational Bank of Friendship, Rew York, for a new trial upon a case containing exceptions, ordered to. be heard at the Appellate Division in the first instance upon the verdict of a jury rendered by direction of the court after a trial at' the Cattaraugus Trial Term. This action is upon a promissory note of '$3,000, bearing date.
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Motion by the plaintiff, the First Rational Bank of Friendship, Rew York, for a new trial upon a case containing exceptions, ordered to. be heard at the Appellate Division in the first instance upon the verdict of a jury rendered by direction of the court after a trial at' the Cattaraugus Trial Term. This action is upon a promissory note of '$3,000, bearing date. March 1, 1887, signed by G-eorgé Yan Campen &■ Sons, and payable to the order of George Yan Campen two months afterdate. The note bears the-indorsement of the payee and also of “Weston Brothers,” a firm which consisted of the…
1Opinion of the Court
Adams, J. :
The record before us does not disclose upon what ground the direction of the verdict was given ; but two propositions are now presented by the learned counsel for the defendants, either of which, it is contended, is sufficient to sustain the action of the trial court. These propositions, are: First, that no steps were taken by the plaintiff at the maturity of the first note to charge the'indorsers thereon, and, second, that the use of the firm name as indorsers upon the note for Van Oampen’s accommodation was a fraud upon the defendant Abijah Weston, and that the plaintiff failed…
2Cases cited13 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Muldon v. WhitlockNew York Supreme Court · 1823
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3Cited by10 opinions
- Hayward v. Empire State Sugar Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Sproul v. BeskinAppellate Division of the Supreme Court of the State of New York · 1917
- Lee v. LarkinAppellate Division of the Supreme Court of the State of New York · 1908
- Lockport Exchange Trust Co. v. HydeNew York Court of Appeals · 1937
- Federal Deposit Ins. v. 445 Bedford Road Corp.District Court, S.D. New York · 1942
5 more not listed; retrieve them via the Exa API.