Legal Opinion

Weston v. Citizens National Bank

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1901PublishedCited by 3 opinions

Appeal by the plaintiff, Charles Weston, as executor, etc., of Abijah Weston, deceased, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus bn the 13th day of February, 1901, vacating and setting aside the service of a summons, complaint and injunction on George H. Barlow, vice-president of the defendant.

1Opinion of the Court

Spring, J.:

The respondent is a national bank located at Corry, in the State of Pennsylvania. An action was pending commenced by it to recover on a promissory note made by Weston Brothers, as makers, . to the order of one Bamsey and which had been discounted at said bank. Weston Brothers were a copartnership consisting of Abijah, Orrin and William W. Weston, and they were made defendants as were the indorsers, and all were personally served. On the 10th day of December, 1893, answer was served on behalf of the defendants Abijah and Orrin Weston. None of the other defendants answering, an order…

2Cases cited4 opinions

  1. Matthews v. . TuftsNew York Court of Appeals · 1882
  2. Citizens' National Bank v. . WestonNew York Court of Appeals · 1900
  3. Citizens' Nat. Bank of Corry, PA. v. WestonNew York Supreme Court · 1894
  4. Sizer v. Hampton & Branchville Railroad & Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1901

3Cited by3 opinions

  1. People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906
  2. In re HallDistrict Court, S.D. New York · 1924
  3. Saper v. HagueCourt of Appeals for the Second Circuit · 1951

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