Spier v. McNaught
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, James McNaught, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Warren on the 14th day of November, 1906, upon the verdict of a jury, and also from an order entered .in said clerk’s, office on the 28th day of November, 1906, denying said, defendant’s motion for a new trial made upon the minutes. ' ■ Upon.
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Appeal, by the defendant, James McNaught, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Warren on the 14th day of November, 1906, upon the verdict of a jury, and also from an order entered .in said clerk’s, office on the 28th day of November, 1906, denying said, defendant’s motion for a new trial made upon the minutes. ' ■ Upon. September 13, 1899,'the plaintiffs’- testator and the defendants McNaught and Miller executed a paper, of which the following is a copy: ' “New York, September 13¿A, 1899. “Whereas, the Milwaukee…
1Opinion of the Court
Smith, P. J.:
The defendant cannot resist liability upon the ground that the time within which tó pay the liability guaranteed lias been extended by the'taking of the new note.. That extension was with the full consent of the sureties, and was in fact negotiated by the defendant McN aught, who is now defending, hi or can the defendant defend by reason of the failure to charge the indorsers at the time that the note became due. The indorsers thereafter waived notice of protest upon that note, and moreover a failure to charge indorsers is not such a release of security as will- discharge a…
2Cases cited2 opinions
- Wallace v. . StrausNew York Court of Appeals · 1889
- Spofford v. . RowanNew York Court of Appeals · 1891
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