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…
1DissentHaight, J.
This action was upon a promissory note, as follows:
“ $90.00 ■
Jamestown, N. Y., Aug. 17, 1897.
“ August 1, 1898, after date, I promise to pay to the order - of The Jamestown Business College Ass’n., L’t’d, Ninety Dollars, at the Jamestown National Bank. Value received.
“ELVA J. ALLEN.”
The answer admitted the making of the note, but alleged that it was without consideration, and that it was delivered to the plaintiff upon the express condition that in case the defendant did not attend its college the note was to be surrendered up by the plaintiff and canceled and that nothing should become due…
2Cases cited17 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Baird v. BairdNew York Court of Appeals · 1895
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