Place v. . McIlvain
New York Court of Appeals
This action was brought in the New York Common Pleas against the respondents, as indorsers on a promissory note drawn by one Nichols; and their defense was, that they were discharged from liability, by an extension of time given Nichols by the appellants. The cause was first tried, December 23d, 1857, before Judge Ingraham, without a jury, on an agreed state of facts.
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This action was brought in the New York Common Pleas against the respondents, as indorsers on a promissory note drawn by one Nichols; and their defense was, that they were discharged from liability, by an extension of time given Nichols by the appellants. The cause was first tried, December 23d, 1857, before Judge Ingraham, without a jury, on an agreed state of facts. He rendered judgment for the amount with interest, in favor of the plaintiffs, which judgment was reversed on appeal, and a new trial ordered. On the second trial before Judge Hilton and a jury, February 15, 1860, the…
1Opinion of the CourtGrover, J.
The principal question in this case arises upon the exception of the defendants to the refusal of the judge to direct a verdict for the defendants. The undisputed facts, upon which the request was based, were, that after the defendants were duly charged as indorsers upon the note in suit, the maker sent his check upon the Hanover bank for the amount of the note, payable to plaintiffs’ order, post-dated some seven days, inclosed in a letter as follows: “ I herewith inclose you my check on the Hanover bank for $490, for my note now under protest. Please keep the check, and when paid, I will…
2Cases cited2 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Bangs v. MosherNew York Supreme Court · 1856
3Cited by28 opinions
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- National Park Bank v. . KoehlerNew York Court of Appeals · 1912
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896
- Pomeroy v. . TannerNew York Court of Appeals · 1877
- Lundberg v. Northwestern Elevator Co.Supreme Court of Minnesota · 1889
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