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First National Bank v. Kest

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1939
257 App. Div. 824 (N.Y. App. Div. 1939)

Opinion

May 1, 1939.

Present — Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ.


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 waived by the endorser. ( First National Bank v. Wood, 71 N.Y. 405; Neg. Inst. Law, § 144.)


Summaries of

First National Bank v. Kest

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1939
257 App. Div. 824 (N.Y. App. Div. 1939)
Case details for

First National Bank v. Kest

Case Details

Full title:THE FIRST NATIONAL BANK OF INWOOD, Respondent, v. HENRY KEST and CELIA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1939

Citations

257 App. Div. 824 (N.Y. App. Div. 1939)