Legal Opinion

Callery v. Lyons

New York Court of Appeals

Decided January 13, 1944PublishedCited by 5 opinions

I. If an indorser signs for the accommodation of the payee he is not liable to the payee and the proof here shows that defendant was such an indorser. (Negotiable Instruments Law, § 114; Wittemann v. Sands, 238 N. Franklin v. Kidd, 219 N. Y. 409; Haddock, Blanchard & Go. v. Haddock, 192 N. Y. 499; Horne v. Loughman, 264 App. Div. 124; McAdam v. Wholesale Dry Gleaning & Dyeing Works, Inc., 232 App. Div. 30; Wittemann v. Spencer, 205 App. Div. 855; Easton Furniture Mfg.

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I. If an indorser signs for the accommodation of the payee he is not liable to the payee and the proof here shows that defendant was such an indorser. (Negotiable Instruments Law, § 114; Wittemann v. Sands, 238 N. Franklin v. Kidd, 219 N. Y. 409; Haddock, Blanchard & Go. v. Haddock, 192 N. Y. 499; Horne v. Loughman, 264 App. Div. 124; McAdam v. Wholesale Dry Gleaning & Dyeing Works, Inc., 232 App. Div. 30; Wittemann v. Spencer, 205 App. Div. 855; Easton Furniture Mfg. Go. v. Gaminez, 146 App. Div. 436; Bender v. Bahr Trucking Go., 144 App. Div. 742; Simonowitch v. Schwartz, 67 App. Div. 535;…

1Opinion of the CourtRippey, J.

This action was brought by plaintiffs to recover against defendant upon a promissory note made by Max Zall, dated March 25, 1933, payable, with interest, three months thereafter to the order of plaintiffs at the National Union Bank of Monticello, N. Y., and indorsed in blank in order by Sarah Zall and defendant. The instrument was the end note of a series of renewals of a note originally made by Zall on January 21,1931. for $700, with the same indorsements in order in blank, payable to plaintiffs’ order at that bank, then discounted by plaintiffs at the bank and credited to plaintiffs ’…

2Cases cited3 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Abrams v. HortonAppellate Division of the Supreme Court of the State of New York · 1897
  3. McAdam v. Wholesale Dry Cleaning & Dyeing Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1931

3Cited by5 opinions

  1. Culberson v. HawkinsCourt of Appeals of Texas · 1959
  2. Brown v. ArcuriAppellate Division of the Supreme Court of the State of New York · 1974
  3. Niebergall v. A. B. A. Contracting & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1965
  4. Culberson v. HawkinsCourt of Appeals of Texas · 1959
  5. Siegel v. McDonnell & Co.Appellate Division of the Supreme Court of the State of New York · 1966

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