Schepp v. Carpenter
New York Supreme Court
THIS was an action upon a note dated February 20,1865, made hy the defendant, payable to Henry Church, or order, three months after date, for $300, and indorsed hy Church, and delivered to the plaintiff. The defendant in his answer does not deny the note, but avers that the note was an accommodation note, loaned to Church.
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THIS was an action upon a note dated February 20,1865, made hy the defendant, payable to Henry Church, or order, three months after date, for $300, and indorsed hy Church, and delivered to the plaintiff. The defendant in his answer does not deny the note, but avers that the note was an accommodation note, loaned to Church. Upon the trial at the circuit,' held by Justice Clerke in February, 1866, it appeared that the plaintiff, who was a merchant, had sold goods to Church to the amount of over #800 ; that Church was behindhand in his payments; that the plaintiff had pressed him for payment,…
1Opinion of the Court
By the Court, Leonard, P. J.
The judge charged the
jury that if they believed the note was received in payment for a debt, or as security for the payment of it, they should find for the plaintiff.
The defendant's counsel requested the court to charge the jury so as to exclude the right to recover on the note if it was taken by the plaintiff as security for a debt. Also that if they believed that the note, if paid, was to be credited on account of the indebtedness of the payee to the plaintiff, and if not paid, it was to be returned to him, then the plaintiff was not entitled to recover, and he…
2Cases cited1 opinion
- Corbitt v. MillerNew York Supreme Court · 1865
3Cited by6 opinions
- Fetters v. Muncie National BankIndiana Supreme Court · 1870
- Hume Webster & Co. v. Howe Machine Co.Supreme Court of Connecticut · 1886
- Atlantic National Bank v. FranklinNew York Supreme Court · 1873
- Grocers' Bank v. PenfieldNew York Supreme Court · 1876
- Murphy v. KeyesThe Superior Court of New York City · 1875
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