Burhans v. Carter
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. There was a totai failure of consideration for the note, and the plaintiff was not entitled to recover. {Aldrich v. Stoe7cioell, 9 Allen, 45,; Sawyer v. Chambers, 44 Barb., 42; S. C., 43 id., 622; Colmille v. Besley, 2 Denio, 139 ; Cross v. Huntley, 13 Wend., 385 ; Head v. Siemens, 19 id., 411; MeDougall v. Fogg, 2 Bosw., 387; Tappcvn v. Van Waggenen, 3 Johns., 465 ; Briggs v. Vanderbilt,…
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Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. There was a totai failure of consideration for the note, and the plaintiff was not entitled to recover. {Aldrich v. Stoe7cioell, 9 Allen, 45,; Sawyer v. Chambers, 44 Barb., 42; S. C., 43 id., 622; Colmille v. Besley, 2 Denio, 139 ; Cross v. Huntley, 13 Wend., 385 ; Head v. Siemens, 19 id., 411; MeDougall v. Fogg, 2 Bosw., 387; Tappcvn v. Van Waggenen, 3 Johns., 465 ; Briggs v. Vanderbilt, 19 Barb., 222; Hills v. Bam/niste/r, 8 Cowen, 31; Spaulding y.Vcmdereoo7c, 2 Wend., 431; 1 Parsons on Contracts, 462.)…
1Opinion of the Court
Talcott, J.:
This is an appeal from a judgment entered on the report of a referee. The action is upon a promissory note made by the defendant to one Robert Weir, as guardian of the plaintiff, on the 29 th day of September, in the year 1871. The answer admits the making of the note, but alleges that it was given without consideration, and solely for the accommodation of the said Wier as such guardian. The second defense contains allegations that defendant was induced to give the note by representations of Weir, and the plaintiff, that defendant should not be put to any cost or expense on…
2Cases cited6 opinions
- Dowe v. SchuttNew York Supreme Court · 1846
- Erwin v. SaundersNew York Supreme Court · 1823
- Rice v. MatherNew York Supreme Court · 1829
- Bassett v. BassettNew York Supreme Court · 1870
- Ely v. KilbornNew York Supreme Court · 1848
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