New York National Exchange Bank v. Jones , 9 Daly 248 ( 1880 )

J. P. Daly, J.

I concur in the opinion that the indorser Patten was not a surety for the maker, and that but for the omission to prove the incorporation of the plaintiff this judgment would have to be affirmed. I am in favor, therefore, of granting a re-argument to permit proof of incorporation to be supplied.

Judgment reversed, with costs.