Riehl v. Austin 221 N.Y. 527

Charles G. Riehl, Appellant, v. Arthur C. Austin, Respondent.

(Submitted May 8, 1917;

decided May 22, 1917.)

Riehl v. Austin, 163 App. Div. 856, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 22,1914, affirming a judgment in favor of defendant entered upon a verdict. The action was brought against the defendant as indorser to recover the amount due on a promissory note for $3,000, dated May 25, 1909, made by the Architects’ Standard Bronze Company, payable to its own order six months after date. Two defenses were interposed:" (1) That the note had been' paid, satisfied and discharged; and (2) that the defendant had been discharged from liability as indorser by the sale and surrender, without his knowledge or con*528sent, of certain collateral security for the payment of the note.

Frederick Stewart for appellant.

Morris A. Hulett and Henderson Peck for respondent.