Curtis v. . Davidson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 4,1914, which affirmed an order of Special Term denying a motion by plaintiff for judgment on the pleadings. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. Defendant as indorser is not entitled to set off his deposit balance unless the maker is insolvent.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 4,1914, which affirmed an order of Special Term denying a motion by plaintiff for judgment on the pleadings. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. Defendant as indorser is not entitled to set off his deposit balance unless the maker is insolvent. (Matter of Middle District Bank, 1 Paige, 585; Davis v. Industrial, etc., Co., 114 N. C. 242; Knaffle v. Knoxville B. & T. Co., 159 S. W. Rep.…
1Opinion of the CourtSeabury, J.
The plaintiff, as receiver of an insolvent national bank, sues the defendant as indorser upon 19 separate promissory notes made by various makers. The answer sets up by way of defense and counterclaim that at the time of the suspension of the bank the defendant had on deposit $647.66, and offers to pay the amount of the notes sued upon, less this sum.
The Appellate Division has certified two questions to this court, to wit:
1. Is the separate and distinct defense alleged in the answer sufficient in law, upon the face thereof, as a defense to the cause of action set up in the complaint ?
2. Is…
2Cases cited3 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Hughitt v. . HayesNew York Court of Appeals · 1892
3Cited by15 opinions
- Fidelity & Deposit Co. of Maryland v. DukeCourt of Appeals for the Ninth Circuit · 1923
- Bank of United States v. BravemanNew York Court of Appeals · 1932
- Harr v. Bankers Securities Corp.Superior Court of Pennsylvania · 1937
- Bryant v. WilliamsDistrict Court, E.D. North Carolina · 1926
- M. R. Johnston Coffee Co. v. PageCourt of Appeals of Maryland · 1931
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