Therasson v. Peterson
New York Court of Appeals
Appeal from judgment of Supreme Court. The action was brought on a promissory note, made by' defendants, February 9, 1857, payable to plaintiffs’ order six months after date. The answer set up a release and discharge of the indebtedness for which the note was given. The cause was tried at the Hew York Circuit, in December, 1858, before Hr. Justice James and a jury.
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Appeal from judgment of Supreme Court. The action was brought on a promissory note, made by' defendants, February 9, 1857, payable to plaintiffs’ order six months after date. The answer set up a release and discharge of the indebtedness for which the note was given. The cause was tried at the Hew York Circuit, in December, 1858, before Hr. Justice James and a jury. On the trial it appeared that, in the latter part of February, 1857, the' defendants, who were carpet dealers in Hew York, "became insolvent. They were indebted, at the time, to the extent of about $80,000, and their assets…
1Opinion of the CourtWeight, J.
The question whether the alleged compromise or release from their creditors was procured 'by the defendants’ fraud, was, under proper instructions, as I think, submitted to the jury; and they by their verdict negatived the existence of any fraud in the transaction. Fraud, therefore, being' out of the way, the sole point is, whether the matters allged in the defendants’ answer, and proved on the trial, were a defense to the action.
*643The transaction, as alleged and proved, was, in substance, this: “In the latter part of February, 1857, the defendants were copartners in business, and in an…
2Cited by2 opinions
- Blair v. . WaitNew York Court of Appeals · 1877
- Pacific Mail Steamship Co. v. IrwinNew York Supreme Court · 1875