Baer v. Leppert
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon a verdict directed by the court, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. The action was upon a promissory note indorsed by the defendants under their firm name of Leppert and Rottman. This case has already been before the General Term. (5 Hun, 453.)
1Opinion of the Court
Daniels, J.:
The judgment was recovered against the defendants as the indorsers of a promissory note. At the time when it -became due it was owned by the Germania Exchange Bank. The cashier of the bank on that day delivered it to a messenger of the bank for presentment for payment, and by him it was'presented at the place where it w^s made payable to a person answering the name of the maker, and payment was demanded of him, but it was not made. The maker *517of the note was sworn as a witness upon the trial on behalf of the defendants, but did not deny the evidence of the messenger, or that…
2Cases cited4 opinions
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Duryee v. DennisonNew York Supreme Court · 1810
- Griffin v. GoffNew York Supreme Court · 1815
- Gawtry v. DoaneNew York Supreme Court · 1866
3Cited by1 opinion
- Blevins v. A., T. S. F. Rld Co.Supreme Court of Oklahoma · 1895