Appellate Terms of the Supreme Court of New York, 1910

Gens v. Hamilton

Gens v. Hamilton
Appellate Terms of the Supreme Court of New York · Decided June 24, 1910 · Bijur
123 N.Y.S. 981 (New York Supplement)

Counsel

Rasquin & Rasquin, for appellants., Leo Lerner, for respondent

Gens v. Hamilton

Opinion of the Court

BIJUR, J.

This action was brought against the maker and indorsers of four promissory notes, alleged to be due and unpaid. The notes were offered in evidence, and are marked as Plaintiff’s Exhibits 1 to 4, respectively. There was no evidence of protest. Respondent claims that- the notices of protest were pinned to the exhibits when offered. These notices are not marked in evidence.

Consequently, in the condition of the record before us, the judgment must be reversed, and a new trial ordered, with costs to appellants to abide the event. All concur.

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