Burton v. Stewart
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. The action was brought against the defendant as indorser of a promissory note.
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APPEAL by the defendant from a judgment entered upon the report of a referee. The action was brought against the defendant as indorser of a promissory note. The complaint alleged that the defendant, on the 13th day of September, 1858, made his promissory note in writing, dated on that day, whereby, for value received, he promised to pay to the order of the plaintiff $592.99, sixty days after said date, at -the Bank of Salina, and thereupon delivered the said, note to the plaintiff who now owns it, and it has not been paid by the defendant, and the whole amount thereof is due and unpaid. Th…
1Opinion of the Court
By the Court.
Mullin, J.
This court has held, more than once, that the corporation known as the Onondaga Fine Salt Manufacturing Company was organized for an illegal .purpose, and that all contracts entered into with it, for ¡giving-effect to the illegal purposes of the corporation, are illegal and void.
This question is not, therefore, open for discussion in this case.
The note made by the defendant, bearing date the 12th of July, 1858, was given to the corporation upon a settlement between it and the defendant of dealings growing *215out of the illegal operations of said corporation, and as between…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Leonard v. BarkerNew York Supreme Court · 1848
3Cited by2 opinions
- Feuer v. Menkes Feuer, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Hutchins v. StanleySupreme Court of Kansas · 1913