Munger v. . Shannon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment and order of Special Term, granted upon summary application for judgment against defendant, under section 247 of the Code, on the ground of the frivolousness of the answer.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment and order of Special Term, granted upon summary application for judgment against defendant, under section 247 of the Code, on the ground of the frivolousness of the answer. The complaint alleged in substance that Livonia A. Gulick, on the 31st day of December, 1868, at Starkey, Yates county, made her promissory note, by which, for value received, she promised to pay to her own order $2,000, three months after date, at the Central National Bank in the city of New York. There…
1Opinion of the Court
Dwight, C.
The question in the case is, whether the answer formed a valid defence to a sufficient cause of action set forth in the complaint.
The leading idea of the pleader in drawing the first answer appears to have been, that the order drawn by L. A. Grulick was countermanded by her before the note matured. Of course, that would be no valid defence to an action upon the instrument were it a bill of exchange and in the hands of a holder for value. The defendant claims that the instrument was not a bill of exchange, but a mere order, and that it rested upon no consideration, and was, in fact,…
2Cases cited11 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Bate v. . GrahamNew York Court of Appeals · 1854
- Strong v. . SproulNew York Court of Appeals · 1873
- Lowery v. . StewardNew York Court of Appeals · 1862
- Parker v. . the City of SyracuseNew York Court of Appeals · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Swift & Co. v. Bankers Trust Co.New York Court of Appeals · 1939
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Hibbs v. . BrownNew York Court of Appeals · 1907
- Tooker v. . ArnouxNew York Court of Appeals · 1879
27 more not listed; retrieve them via the Exa API.