Hyperlawhypertext legal database Filler v. Gallantcheck 66 N.Y.S. 509

← Cases

Filler v. Gallantcheck

66 N.Y.S. 509 Court N.Y. App. Term Decision date 1900-11-07 English

Contents

Majority

p. 509
FILLER v. GALLANTCHECK.
(Supreme Court, Appellate Term.
November 7, 1900.)

Headnote

Action on Note—Demand.
An action will not lie against the indorser of a note where there is no evidence of demand on the maker.
Appeal from municipal court, borough of Manhattan.
Action by Harris Filler against Barnett Gallantcheek. From a judgment for plaintiff, defendant appeals.
Reversed.
Argued before TRUAX, P. J., and SCOTT and DUGRO, JJ.
I. Ellis, for appellant.
L. J. Jacoves, for respondent.

There was no evidence that there had been a demand for payment of the note upon the maker. The judgment against the appellant is therefore reversed, and a new trial is ordered; costs to abide the event. See Parker v. Stroud, 98 N. Y. 379 .

Cases cited