Douai v. Lutjens
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert Douai, from a • judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 3d day of March, 1897, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Cullen, J.:
■ This action is brought to recover on a promissory note for $300, made by the defendant to the order of Charles Wehle, and indorsed *255by the payee to the plaintiff. The answer alleged that the note was obtained from the defendant by duress. It also attempted to set up that the note was without consideration. This latter defense was inartifieially pleaded, but we think the intent clear, and, if the pleading was defective; the court could, on the trial, have permitted an amendment; and we should now consider it as amended to support the judgment, if on the facts we find that the…
2Cases cited1 opinion
- The First National Bank v. . GreenNew York Court of Appeals · 1871
3Cited by1 opinion
- Alexander v. HarkinNew York Supreme Court · 1907