Nickerson v. Ruger
The Superior Court of New York City
Appeal from a judgment for $2,050.81, entered upon a verdict in the plaintiffs’ favor by direction of the court. —I. The respondents will probably contend that because they gave credit for the amount of this note upon an antecedent indebtedness, that that was sufficient consideration.
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Appeal from a judgment for $2,050.81, entered upon a verdict in the plaintiffs’ favor by direction of the court. —I. The respondents will probably contend that because they gave credit for the amount of this note upon an antecedent indebtedness, that that was sufficient consideration. Then our answer is, that that is not parting for value (Stewart v. Small, 2 Barb. 559; Atlantic National Bank of New York v. Franklin, 55 N. Y. 235 ; Weaver v. Barden, 49 Id. 286; Turner v. Treadway, 53 Id. 650; Cary v. White, 52 Id. 141; Farrington v. Frankfort, 24 Barb. 554; Stalker v. McDonald, 6 Hill, 812 ;…
1Opinion of the Court
By the Court.—Curtis, Ch. J.
—The defendants are sued as the makers of a promissory note, dated June 21, 1875, indorsed, by Isaac Taylor, and payable four months from date. • The defense is that the defendants were accommodation makers, no consideration passing between them and the indorser, or between him and the plaintiffs, and fraud.
The plaintiffs produced testimony on the trial, to the effect that for the note in suit they surrendered two past-due notes of Isaac Taylor, of $1,500 each. These two notes were not surrendered' until after the receipt by plaintiffs of the note in suit, which…
2Cases cited2 opinions
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Fenby v. PritchardThe Superior Court of New York City · 1848