32 N.Y.S. 417 | N.Y. Sup. Ct. | 1895
George Hendrie and George Hendrie, Jr., are co-partners in business, under the firm name of George Hendrie & Son. The plaintiff, James Hendrie, is the son of George Hendrie. George Hendrie & Son executed a note, which was indorsed, or was to be indorsed, by the plaintiff, James Hendrie. George Hendrie and the plaintiff went to a bank in the city of Albany with said note, and endeavored to have it discounted. The bank refused to discount the same, unless they secured another indorser, and suggested the name of the defendant, who, it appears, had previously indorsed notes for the accommodation of said firm. The plaintiff and his father, George Hendrie, then called upon the defendant, and stated to him what had taken placé, and requested him to indorse the note, which he consented to do. The plaintiff and his father returned to the bank, and shortly thereafter they were joined by the defendant. It appears that the first note was made payable to the bank. The form of this note was objected to by the president of the bank, who drew up, or directed the plaintiff or his father to draw up, it is not clear which, a new note. This was drawn up payable to the order of the defendant, and it was first indorsed by the plaintiff in the presence of the defendant, and then indorsed by the defendant, who testifies that he did not see the face of the note, and did not know that it was made payable to his order until after it was protested. Some stress was laid, upon the argument, on the fact that the defendant testified that he received the money for the note. This seems to me of little consequence in the case, for it is apparent all through that the