Jamestown Business College Assn. v. . Allen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Oourt in the fourth judicial department, entered April 1,1901, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The action is upon a promissory note in the following form: “ $90.00 Jamestown, N. Y., Aug. 17,1897. “ August 1, 1898, after date, I promise to pay to the order of Jamestown Business College Ass’n.
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Appeal from a judgment of the Appellate Division of the Supreme Oourt in the fourth judicial department, entered April 1,1901, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The action is upon a promissory note in the following form: “ $90.00 Jamestown, N. Y., Aug. 17,1897. “ August 1, 1898, after date, I promise to pay to the order of Jamestown Business College Ass’n. Ltd., Ninety dollars at the Jamestown National Bank. Value received. “ELVA J. ALLEN.” Contemporaneously with the execution and delivery of this note there was…
1Opinion of the CourtWebnek, J.
Under the unanimous affirmance by the Appellate Division of the judgment entered upon the verdict of the jury herein, the only question presented by this record that survives to reach this court is the single exception taken by the-plaintiff to the admission of parol evidence, given by. the defendant, in contradiction of the written instrument upon which the action is founded. I think that the exception referred to was well taken. The action is upon a promissory note. The complaint is in the usual form in such actions. The answer alleges want of consideration and an agreement that the note…
2Cases cited12 opinions
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- Brown v. SpoffordSupreme Court of the United States · 1877
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Forsythe v. KimballSupreme Court of the United States · 1876
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