M. Zimmerman Co. v. Kastner

Appellate Terms of the Supreme Court of New York

M. Zimmerman Co. v. Kastner

123 N.Y.S. 952

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 1, 1910

StatusPublished

This text of 123 N.Y.S. 952 (M. Zimmerman Co. v. Kastner) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

M. Zimmerman Co. v. Kastner, 123 N.Y.S. 952 (N.Y. Ct. App. 1910).

Pincite

Opinion

GUY, J.

Appeal from judgment in favor of defendant indorsers, rendered by the court without a jury, in an action upon a promissory note. The defense was two-fold:

First. That no proper notice of protest had been mailed to defendants. The notice, however, was sufficient under the statute.

Second. That the maker of the note and the payee agreed to an extension of the time for the payment of the note without the assent of the accommodation indorsers, and that the indorsers were thereby discharged. The defendant failed to show that there was ;any consideration for such extension, or that the agreement for an extension was, in fact, consummated. See Bloom v. Polacsek (App. Term, June, 1910) 123 N. Y. Supp. 951.

The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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