Haynes v. . Rudd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 21,1879, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 17 Hun, 477.) The testimony in this cause was to the following effect; The plaintiff’s son had been in the employ of the defendant as clerk, and it was claimed that he had feloniously taken and carried away money from his employer.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 21,1879, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 17 Hun, 477.) The testimony in this cause was to the following effect; The plaintiff’s son had been in the employ of the defendant as clerk, and it was claimed that he had feloniously taken and carried away money from his employer. A criminal prosecution was threatened, and to prevent it plaintiff gave his note for $250 to his wife, who indorsed it in such a manner as to…
1Opinion of the Court
Folger, Ch. J.
The judgment in this case should be reversed. The trial court instructed the jury that if they found that the note was given on the illegal consideration of the compounding an alleged crime, it was void; that it had no legal force or effect, and the plaintiff was entitled to recover the amount of the note with interest. The trial court refused to instruct the jury that if there was no fraud, duress or undue influence on the part of the defendant, and that the note was given simply to compound a felony, then the plaintiff was not entitled to recover. We think this was error. If…
2Cited by14 opinions
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- Doucet v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
- De Witt Wire-Cloth Co. v. New Jersey Wire-Cloth Co.New York Court of Common Pleas · 1891
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