Brown v. James
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Asa Gibbons, from a judgment of the Oity Court of Yonkers in favor of the plaintiff, entered in the office of the clerk of said court on the 1st day of October, 1895, upon the verdict of a jury rendered by direction of the. court, and also from an order denying said defendant’s request to go- to the jury and from an order granting the plaintiff’s motion for the direction of a verdict.
1Opinion of the Court
Hatch, J.:
The defendant James was indebted to plaintiff for the balance of an open account which had been some time due, upon which he was threatening suit for collection. The claim was in the hands of plaintiff’s attorney, and James applied to him for an extension; thereupon the attorney informed James that if he would procure security they would not “push” him, but would let the matter stand. James then applied to the defendant Gibbons to indorse his note for a sum equaling the claim, stating to him as an inducement for his indorsement that he wanted to use it to buy horses in Canada.…
2Cases cited8 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Joy v. . DiefendorfNew York Court of Appeals · 1891
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- The First National Bank v. . GreenNew York Court of Appeals · 1871
- National Bank v. . LewisNew York Court of Appeals · 1878
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3Cited by5 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Zimmerman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Brown v. JamesAppellate Division of the Supreme Court of the State of New York · 1896
- Brown v. JamesAppellate Division of the Supreme Court of the State of New York · 1896
- Finn v. PetersonAppellate Terms of the Supreme Court of New York · 1898