NIEBERGALL v. A. B. A. CONTRACTING & SUPPLY CO., INC.


24 A.D.2d 799 (1965)

Grover Niebergall et al., as Administrators of The Estate of Harvey K. Niebergall, Deceased, Appellants, v. A. B. A. Contracting & Supply Co., Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 22, 1965


REYNOLDS, J.

Appellants seek to recover $10,000 from the respondent Merle, a prior indorser of a note which the decedent Harvey K. Niebergall, a subsequent indorser, redeemed during his lifetime. While "indorsers are liable prima facie in the order in which they indorse; * * * evidence is admissible to show that as between or among themselves they have agreed otherwise." (Negotiable Instruments Law, § 118, see, also, Uniform Commercial Code...

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