Willis v. Green
New York Supreme Court
Demurrer to declaration. The declaration in this case ■contains several counts; to three of which the defendant has demurred generally, and assigning special causes of demurrer.
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Demurrer to declaration. The declaration in this case ■contains several counts; to three of which the defendant has demurred generally, and assigning special causes of demurrer. The count supposed to be most defective is in this form : The plaintiff complains for that whereas, on the 29th August, 1827, at, &c. one Edward C. Pinney made his certain note in writing, by which he promised to pay the said John R. Willis, to the order of Smith Johnson and Lester Green, at the Rank of Utica, $>'474,10, by the first of January then next, for value received; and the said Smith Johnson and Lester…
1Opinion of the Court
By the Court,
Nelson, J.
The note as set forth in the declaration was drawn by the maker, Pinney, to be delivered to the plaintiff for a valuable consideration received, and endorsed by the defendants Johnson and Green, for the accommodation of the former. No consideration was necessary to create a legal liability on their part, as the endorsement was a letter of credit to the maker to the amount of the note. It is expressly averred that the note was delivered by the maker to the *518plaintiff after the endorsement by the defendants. He took the paper therefore, in judgment oflaw, upon their…
2Cited by5 opinions
- Ellis v. BrownNew York Supreme Court · 1849
- Bellows v. ShannonNew York Supreme Court · 1841
- Hicks v. WirthNew York Court of Common Pleas · 1855
- Waterbury v. SinclairNew York Supreme Court · 1857
- Willis v. GreenNew York Supreme Court · 1843