Carlson v. Winterson
New York Court of Common Pleas
Appeal from city court, general term. Action by Louisa Carlson against Maria Louisa Winterson on a promissory note. The defenses were a denial of the execution and delivery of the note, and that the promise of defendant to pay was contingent on the promisee’s successful prosecution of certain services which he had engaged and failed to perform. From a judgment of the city court (29 N. Y. Supp. 1142) affirming a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
Upon the trial the plaintiff produced a paper, dated August 28,1891, which in form purported to be the defendant's *431note, whereby, for value received, she promised to pay, to the order of one Tengzelins, $500, 30 days after date. Tengzelins, called as a witness for the plaintiff, testified that he received the note from the defendant in payment for services to be rendered by him in the investigation of the financial ability of one Collingwood, against whom she at the time asserted a claim; and that he transferred the note to the plaintiff in payment of a precedent debt. Defendant admitted…
Also in this document: Concurrence.
2Cases cited12 opinions
- People v. MatherNew York Supreme Court · 1830
- Tooley v. . BaconNew York Court of Appeals · 1877
- Ward v. . KilpatrickNew York Court of Appeals · 1881
- Church v. . HowardNew York Court of Appeals · 1880
- Corning v. . CorningNew York Court of Appeals · 1851
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3Cited by1 opinion
- Derrick v. WallaceAppellate Division of the Supreme Court of the State of New York · 1914