151 N.Y.S. 510 | N.Y. App. Term. | 1915
The action is against the defendants respondents as indorsers on a promissory note for $200, made by the defendant Inselmann, who was not served in the action, which note was given in part renewal of a note for $300, made by the same maker and indorsed by the defendants respondents. Upon said original note a payment of $100 was made at the time of the giving of the note in suit, and said amount retained by the plaintiff.
The judgment must be reversed, with"costs, and judgment directed in favor of the plaintiff for the full amount of the note, with interest and costs. All concur.