75 N.Y.S. 561 | N.Y. App. Div. | 1902
Prior to the 8th of July, 1898, Antonio Rasines gave his promissory note for $6,000 to the Colonial Trust Company of the city of
We are of the opinion that the trial court was right in holding that the plaintiff was entitled to this fund. The evidence satisfactorily establishes that Mrs. Rasines assigned to the plaintiff whatever interest she had in the stock by virtue of the assignment of Antonio to her. She was the indorser upon the note and the assignment was given to her for the purpose of indemnifying her against loss. Under such circumstances, her indorsement upon the back of the assignment, coupled with the fact that it was delivered to-
The judgment is right and should be affirmed, with costs.
Van Brunt, P. J., O’Brien, Hatch and Laugh lin, JJ., concurred.
Judgment affirmed, with costs.