Bellows v. Folsom
The Superior Court of New York City
Appeal from a judgment entered on the report of a referee. The action was brought against the maker and indorsers of a promissory note, the indorsers being sued as gurantors.
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Appeal from a judgment entered on the report of a referee. The action was brought against the maker and indorsers of a promissory note, the indorsers being sued as gurantors. The maker (Folsom) defended, on the ground that the note was given in settlement of a judgment, pending an appeal from it, in order that he might convey his real estate—upon an agreement that the plaintiff should make out and deliver a satisfaction piece, in order to remove the lien of the judgment, which he failed to do ; by which the maker sustained damages, on account of his inability to convey by reason of the…
1Opinion of the Court
By the Court,
Roberton, Ch. J.
The referee has found in his report, as a fact, that the note sued upon/ was “ given upon the consideration of the discontinuance of a former action by the plaintiff against one of the defendants (L. Folsom,) the payment of costs therein, and an agreement to execute and deliver a satisfaction piece of a judgment obtained in such action* ” and that no such satisfaction piece was .obtained before the commencement of this action. This is entirely different from finding that such note was placed in the hands of any one, to become obligatory only upon the delivery of…
2Cited by1 opinion
- Rosenthal v. RudnickAppellate Division of the Supreme Court of the State of New York · 1901