Bull'S Head Bank v. Koehler

The plaintiffs sue upon the following negotiable instrument.

“$900.00. New York, August 29, 1877.

“Four months after date, I promise to pay'to the order of myself, nine hundred dollars, at the Bull’s Head Bank. Value received.

“ Herman Koehler. Indorsed—“Herman Koehler,

David M. Koehler,

Joseph M. Koehler.”

The action is against the maker and indorsers, all of whom defend. The defense is that the note was given to the plaintiff pursuant to an oral agreement made on March 3. 1876, whereby the defendant, Joseph M. *265Koehler (who was then largely indebted to the plaintiff) was to give the note of Herman…