Conderman v. Hicks
New York Supreme Court
This was an appeal "by the defendant from a judgment entered for the plaintiff on the report of a referee. The action was upon a promise to pay the plaintiff’s assignor the sum of $150.10 ninety days after date, and was in writing, signed by the defendant, Hicks, and five others.
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This was an appeal "by the defendant from a judgment entered for the plaintiff on the report of a referee. The action was upon a promise to pay the plaintiff’s assignor the sum of $150.10 ninety days after date, and was in writing, signed by the defendant, Hicks, and five others. The defence interposed was the illegality of the promise, as founded upon an agreement by the payee to compromise and settle certain charges preferred by him to a justice of the 'peace, against the defendant, for obtaining money and goods upon false pretences. The facts as they appeared in evidence are stated in the…
1Opinion of the Court
By the Court —
Mullin, P. J.
This action was brought to recover of the defendants the amount due on a note made by the defendants, payable to George W. Sherwood, for $150.10, ninety days from its date, and it was dated 21th January, 1869.
The note was transferred for a valuable consideration by Sherwood to the plaintiff. The defence set up in the answer and in support of which evidence was given at the trial was, that it was given to compound a felony committed by Hicks, one of the defendants.
It appears by the evidence that Hicks had obtained board and the use of horses and carriages from…
2Cases cited3 opinions
- Commonwealth v. PeaseMassachusetts Supreme Judicial Court · 1819
- Daimouth v. BennettNew York Supreme Court · 1853
- Porter v. Havens & AbbottNew York Supreme Court · 1862
3Cited by8 opinions
- Nickelson v. WilsonNew York Court of Appeals · 1875
- Nickelson v. . WilsonNew York Court of Appeals · 1875
- Buffalo Press Club v. GreenNew York Supreme Court · 1895
- Buffalo Press Club v. GreeneSuperior Court of Buffalo · 1893
- Grimes v. HillenbrandNew York Supreme Court · 1875
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