Valkenburgh v. Stupplebeen
New York Supreme Court
THIS is an appeal by the plaintiff from a judgment rendered in favor of the defendant for costs. The action was tried at the Columbia circuit, April 13, 1864.
1Opinion of the Court
By the Court, Ingalls, J.
The action is upon a promissory note executed by the defendant to' one Michael A. Emerick and by him delivered to the plaintiff to secure him as indorser upon a note for the benefit of said Emerick, which indorsement was made prior to the execution of the note in question. The defendant interposed, as a defense to the note, that at the time of its execution there was a verbal agreement between the defendant and Emerick, in substance, that Emerick should transfer to the defendant certain property, for which the defendant was to execute promissory notes, and in case…
2Cases cited3 opinions
- Hodges v. . the Tennessee Marine and Fire Insurance CompanyNew York Court of Appeals · 1853
- New York Exchange Co. v. . De WolfNew York Court of Appeals · 1865
- Allen v. Hudson River Mutual InsuranceNew York Supreme Court · 1854