First National Bank v. Kest

Appellate Division of the Supreme Court of New York

First National Bank v. Kest

257 A.D. 824, 11 N.Y.S.2d 965, 1939 N.Y. App. Div. LEXIS 8042

Appellate Division of the Supreme Court of the State of New York·Decided May 1, 1939·Published

Opinion

Action on a promissory note. Order granting summary judgment in favor of the plaintiff and judgment entered thereon unanimously affirmed, with ten dollars costs and disbursements. The defense of conditional delivery is not available to the appellants. (Mount Vernon Trust Co. v. Bergoff, 272 N. Y. 192; Rothschild v. Manufacturers Trust Co., 279 id. 355; Westchester Trust Co. v. Harrison, 249 App. Div. 828; Mount Vernon Trust Co. v. Oakwood Gardens, Inc., 254 id. 686.) Alleging the tender of collateral when demand for payment is made is not necessary to charge an endorser on a note when demand of payment from the maker is expressly waivdd by the endorser. (First National Bank v. Wood, 71 N. Y. 405; Neg. Inst. Law, § 144.) Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.

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Action on a promissory note. Order granting summary judgment in favor of the plaintiff and judgment entered thereon unanimously affirmed, with ten dollars costs and disbursements. The defense of conditional delivery is not available to the appellants. (Mount Vernon Trust Co. v. Bergoff, 272 N. Y. 192; Rothschild v. Manufacturers Trust Co., 279 id. 355; Westchester Trust Co. v. Harrison, 249 App. Div. 828; Mount Vernon Trust Co. v. Oakwood Gardens, Inc., 254 id. 686.) Alleging the tender of collateral when demand for payment is made is not necessary to charge an endorser on a note when demand of payment from the maker is expressly waivdd by the endorser. (First National Bank v. Wood, 71 N. Y. 405; Neg. Inst. Law, § 144.) Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.

First National Bank v. Kest, 257 A.D. 824, 11 N.Y.S.2d 965, 1939 N.Y. App. Div. LEXIS 8042 (N.Y. Ct. App. 1939).

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Opinion

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