Flinch v. Wood

Appellate Terms of the Supreme Court of New York

Flinch v. Wood

145 N.Y.S. 51

Appellate Terms of the Supreme Court of New York·Decided December 30, 1913·Published·Cited by 2 cases

Opinion

GUY, J.

The evidence shows that the indorsement by defendant of the note in suit, about a week after its delivery to and acceptance by the payee, was an accommodation indorsement for the benefit of the payee, to establish the credit of the payee, for .the purposes of discount. No consideration passed, as between the payee and the indorser, for such indorsement, and the indorser cannot, under such circumstances, be held liable to the payee therefor. Haddock v. Haddock, 192 N. Y. 499, 85 N. E. 682, 19 L. R. A. (N. S.) 136; Kohn v. Consolidated Butter & Egg Co., 30 Misc. Rep. 725, 63 N. Y. Supp. 265.

The judgment must therefore be reversed, and the complaint dismissed, with costs. All concur.

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GUY, J.

The evidence shows that the indorsement by defendant of the note in suit, about a week after its delivery to and acceptance by the payee, was an accommodation indorsement for the benefit of the payee, to establish the credit of the payee, for .the purposes of discount. No consideration passed, as between the payee and the indorser, for such indorsement, and the indorser cannot, under such circumstances, be held liable to the payee therefor. Haddock v. Haddock, 192 N. Y. 499, 85 N. E. 682, 19 L. R. A. (N. S.) 136; Kohn v. Consolidated Butter & Egg Co., 30 Misc. Rep. 725, 63 N. Y. Supp. 265.

The judgment must therefore be reversed, and the complaint dismissed, with costs. All concur.

Flinch v. Wood, 145 N.Y.S. 51 (N.Y. Ct. App. 1913).

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Opinion

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