Majority
p. 573John J Smith et al., Resp’ts, v. Walton Storm et al., App’lts. (New York City Court, General Term, Filed January 18, 1894.)
Headnote
Pleadings—Demurrer.A complaint, which alleges that an indorsement was made to procure credit for a third party and to induce the holder of the note to extend the time of payment of a claim then due, is sufficient, on demurrer, against the indorser.
Appeal from a judgment in favor of the plaintiffs.
Samuel R. Taylor, for app’lts ; P. Q. & F. L. Fclcerson, for resp’ts.
This action is brought on a promissory note indorsed by the defendant Storm. The complaint alleges that the indorsement was for the purpose of procuring credit for the Manhattan Athletic Club, and inducing plaintiffs to extend the payment of a claim then due from the defendant on the credit of such indorsement. The defendant demurred to the complaint, which was overruled, and, from the order entered thereon, this appeal is taken. The complaint states facts sufficient to constitute a cause of action. The objection that there is a defect of parties defendant is untenable. The authorities cited by appellant’s counsel have no bearing on the issue raised by the demurrer. For these reasons, the order appealed from must be affirmed, with costs.