Eisenlord v. Dillenback — 79 N.Y. 617

Majority

p. 617

Peter O. Eisenlord, Appellant v. Maggie Dillenback, as Administratrix, etc., et al., Respondents.

(Argued November 18, 1879;

decided November 25, 1879.)

Headnote

Reported below, 15 Hun, 23 .

J. H. Cools for appellant.

_ZV C. Moalc for respondents.

Agree to affirm on opinion below.

All concur, except Church, Ch. J., audRAPALLO J., dissenting, being for reversal on the ground that the indorse

p. 618

ment of past due paper creates an absolute liability ; but it is conceded that The current of authorities is to the effect that in such a case a demand within a reasonable time is necessary.

Judgment affirmed.