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3 Misc. 133

Bornstein v. Kaufman

City of New York Municipal Court

Decided March 15, 1893

City of New York Municipal Court · decided 1893-03-15

<p>One who indorses a promissory note before it is delivered to the payee, is liable thereon to one who takes the same before maturity, upon the statement of the indorser that it would be all right when it became due.</p>

Decided 1893-03-15

Fitzsimons, J. (dissenting).

¶1The plaintiff should not have recovered judgment unless the testimony showed that he relied upon the indorsement of Kaufman as a surety, and that it was placed upon the note to give it credit, otherwise he was an accommodation indorser and known to be such to plaintiff and not liable upon the note in question.

¶2There is no testimony submitted that in my judgment meets the legal requirements in the case.

¶3The judgment should be reversed, and a new trial ordered.

¶4Judgment and order affirmed, with costs.

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