President of Troy City Bank v. McSpedon
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit, before a justice of this court without a jury. The action was upon a promissory note made by the defendants on the 18th" of June, 1857, for fl870, payable in four months, to the order of M. L. Samuel & Co., and indorsed by the latter. The plaintiffs claimed to be the lawful owners and holders of the note.
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APPEAL from a judgment entered at a special term, after a trial at the circuit, before a justice of this court without a jury. The action was upon a promissory note made by the defendants on the 18th" of June, 1857, for fl870, payable in four months, to the order of M. L. Samuel & Co., and indorsed by the latter. The plaintiffs claimed to be the lawful owners and holders of the note. The defendants alleged that the note was an accommodation note, made and delivered without any consideration; and that prior to and at the timé of the transfer and delivery of said note by the payees thereof to…
1Opinion of the CourtT. R. Strong, J.
“ The note in question was executed with five others under a written contract, whereby the payees agreed to'give the makers $400 weekly in Troy City Bank bills, in payment of the notes, and the makers to take up the notes as they matured. The notes were for the amounts' and payable as follows : One for $1840, payable in two months; one for $1850, payable in three months ; one for $1860, payable in four months; one for $1870, payable in five months; one for $1880, payable in six months; and the other for $1890, payable in seven months.
After much consideration, I am satisfied that the…
2Cases cited3 opinions
- Dowe v. SchuttNew York Supreme Court · 1846
- Davis v. . McCreadyNew York Court of Appeals · 1858
- Coburn v. BakerThe Superior Court of New York City · 1857
3Cited by2 opinions
- Mechanics' & Traders' Bank v. CrowNew York Court of Common Pleas · 1874
- American Boiler Co. v. FouthamNew York Supreme Court · 1898