The Banking Laws of the State of New York : Revised to October, 1888. Containing All Laws in Force Relating to Banks, Banking Associations And Individual Bankers ; Savings Banks ; Trust, Loan, Mortgage, Security, Guaranteee Or Indemnity Companies Or Assoc

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Part II, Title IV, Article V, Chapter XV, Code of Civil Procedure.
§ 1916. A surety, including a drawer or indorser, may Action by recover, in an action against his jsrincipal; and an execu- trustee to tor, administrator, or other trustee, may, where the trust costs, etc.
estate is insufficient to reimburse him, recover, in an action against the beneficiary whom he represents; his reasonable costs and other expenses, incurred necessarily and in good faith, in the prosecution or defence, by the
...express or implied consent of the principal or beneficiary, of an action or special proceeding, relating to the demand secured, or to the trust estate, as the case requires. This section does not affect any special agreement relating to those costs and expenses.
Part II, Title IV, Article V, Chapter XV, Code of Civil Procedure § 1917. Where it appears, upon the trial of an action. Action that a negotiable promissory note or bill of exchange, upon neeotiabie which the action, or a counterclaim interposed in the action, is founded, was lost, while it belonged to the party claiming the amount due thereupon, he may prove the contents thereof, by parol or other secondary evidence, and may recover or set off the amount due thereupon, as if it was produced.


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