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Smith v. Unangst

46 N.Y.S. 1101 Court N.Y. App. Term Decision date 1897-07-29 English

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p. 1101
SMITH, Respondent, v. UNANGST, Appellant.
(Supreme Court, Appellate Term.
July 29, 1897.)

Headnote

Action by Charles Sumner Smith against Eugene P. Unangst. For former report, see 46 N. Y. Supp. 340 . Shiland & Honey-man, for appellant. A. Burr Chalmers, for respondent.

Application for leave to appeal to the appellate division will be granted if the appellant will stipulate that the only question to be presented on such appeal shall be the correctness of the ruling that tire promise of the drawer to pay after dishonor of the draft “may have been taken as an admission that his liability had attached, and so supported an inference of a prior presentment to and a refusal by the drawee sufficient to charge him.’’