Casey v. Ostrander

Appellate Division of the Supreme Court of New York

Casey v. Ostrander

252 A.D. 803, 299 N.Y.S. 293, 1937 N.Y. App. Div. LEXIS 6337

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1937·Published

Opinion

Appeal from an order denying a motion made by an indorser on a promissory note to strike out portions of plaintiff’s complaint. It apparently is intended, in the complaint, to allege a cause of action upon a theory that the appellant waived the presentation of the note on its due date. Order unanimously affirmed, with ten dollars costs and disbursements. Present — 'Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Appeal from an order denying a motion made by an indorser on a promissory note to strike out portions of plaintiff’s complaint. It apparently is intended, in the complaint, to allege a cause of action upon a theory that the appellant waived the presentation of the note on its due date. Order unanimously affirmed, with ten dollars costs and disbursements. Present — 'Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

Casey v. Ostrander, 252 A.D. 803, 299 N.Y.S. 293, 1937 N.Y. App. Div. LEXIS 6337 (N.Y. Ct. App. 1937).

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