Kelly v. Theiss
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bridget M. Kelly, from a judgment of the Supreme Court bearing date the 24th day of March, 1902, and entered in the office of the clerk of the county of New York, upon an order of the Supreme Court made at the New York Trial Term, which order was entered in said clerk’s office on the 24th day of March, 1902, dismissing the complaint, and also from the order upon which the said judgment was entered.
1Opinion of the Court
O’Brien, J.:
There is no practice which sanctions an appeal from the order and it may, therefore, be dismissed—the questions to be considered arising upon the appeal from the judgment.
In this action it was sought to charge the defendants as indorsersof a promissory note ; and the facts .connected with the making and delivery thereof having been stated upon the former appeal (Kelly v. Theiss, 65 App. Div. 146) need not be here repeated. The sole question presented is whether or not under the complaint the plaintiff may prove the giving of oral notice of dishonor to defendants personally or…
2Cases cited3 opinions
- Cuyler v. StevensNew York Supreme Court · 1830
- Woodin v. FosterNew York Supreme Court · 1853
- Kelly v. TheissAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Berman-Steinberg, Inc. v. Standard Cotton Stores, Inc.City of New York Municipal Court · 1932