Carr v. Sullivan
New York Supreme Court
Appeal from Erie county court. Action by John V. Carr against Timothy Sullivan and another. From a judgment for defendants on a counterclaim and for costs, entered on a verdict directed by the court, and from an order denying a motion for a new trial, plaintiff appeals.
1Opinion of the Court
DWIGHT, P. J.,
The action was against the defendants as indorsers, in their firm name, of a prbmissory note for §294.59, made July 17,1891, by “L. F. Genet Lumber Co.,” payable in three months, to the order of the défendants, for lumber sold by them to the maker, and indorsed by them for discount at a hank in Buffalo. The note, at its maturity, was dishonored by the maker, and protested for nonpayment. The defendants then took up the note, and shortly afterwards delivered it to the plaintiff on payment by him of the amount due thereon. The note was said to be lost at the time of the trial, so…
2Cases cited5 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- McCormick v. . SarsonNew York Court of Appeals · 1871
- Rust v. . EcklerNew York Court of Appeals · 1869
- Howell v. . WrightNew York Court of Appeals · 1890
3Cited by3 opinions
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Drucklieb v. Universal Tobacco Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Peniston v. ColemanAppellate Division of the Supreme Court of the State of New York · 1910