Kinsman v. Birdsall
New York Court of Common Pleas
This was an appeal by one of three joint makers of a promissory note, from a judgment against them. The reasons urged for a reversal are stated in the opinion.
1Opinion of the Court
By the Court. Ingraham, First J.
This action is against three defendants, upon a joint note payable to the plaintiff or order. The note is in the usual form, except the omission of the words, “ for value received.” The appeal is by one of the makers, Birdsall, alone. There are two grounds of appeal:
1st. That the execution of the note was not properly proven.
2d. That there was no consideration given for it, and, therefore, it could not be recovered upon between the original parties.
Upon the first point, I think the evidence was sufficient to warrant the finding of the justice. There could be no…
2Cases cited1 opinion
- Bank of Troy v. ToppingNew York Supreme Court · 1835