Langley v. . Wadsworth
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 13,1883, which denied a motion for a new trial, and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion. A bill or note as between immediate parties would not be enforced if given for past cohabitation, because not founded upon a consideration. (1 Daniels on Reg.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 13,1883, which denied a motion for a new trial, and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion. A bill or note as between immediate parties would not be enforced if given for past cohabitation, because not founded upon a consideration. (1 Daniels on Reg. Inst., § 195.) If Wadsworth had made and given this note to plaintiff, as a gift, she could not recover upon it, unless it was based upon a valuable…
1Opinion of the CourtDanforth, J.
The complaint stated a good cause of action in favor'of a payee and holder against the maker of a promissory note. The answer was a general denial. Hpon the trial it was assumed by both parties that the plaintiff when she rested had given evidence, which, unless disproved, would justify a verdict in her favor, and the defendant took the burden. With other evidence he introduced letters written by the plaintiff to the testator — the alleged maker of the note — and at the close of the case asked the court “ to direct a verdict for the defendant in view of these letters.” The court declined to…
2Cases cited1 opinion
- Thayer v. . MarshNew York Court of Appeals · 1878
3Cited by31 opinions
- Feldsberg v. NitschkeNew York Court of Appeals · 1980
- Badr v. HoganNew York Court of Appeals · 1990
- People v. MacCulloughMichigan Supreme Court · 1937
- People v. RamistellaNew York Court of Appeals · 1954
- People v. McArronMichigan Supreme Court · 1899
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