Seymour v. Cowing
New York Court of Appeals
. Appeal from an order of the Superior Court- of Buffalo setting, aside a verdict' rendered at the trial of the same court in favor of the plaintiffs, against the defendants, Cowing and Buell, and ordering a new trial, with- costs.
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. Appeal from an order of the Superior Court- of Buffalo setting, aside a verdict' rendered at the trial of the same court in favor of the plaintiffs, against the defendants, Cowing and Buell, and ordering a new trial, with- costs. The action was brought on- two promissory notes;made by the defendant, Cowing, payable to the Order of- Benson, and-indorsed by him, and by Buell and Willard, partners in business at Buffalo, payable at the Bank of Attica, the one at fifteen months, for $886.72, the other for the same" amount, at eighteen months from. the date, and both dated the 27th October,…
1Opinion of the CourtMulliu, J.
The only question on the trial, and the only one before us for decision, is whether Cowing received the notes of Benson in exchange for the four notes delivered by him to Benson. If he did, the direction at the trial was right. If he did not—if they were received merely as memoranda of the date, amount and times of payment of the notes delivered by Cowing, then there was no exchange, and consequently no consideration for the notes in suit.
There was no conflicting evidence in regard to the arrangement concerning the notes, and the court was right, therefore, in ordering a verdict.
If the…
2Cases cited4 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Arnold v. PatrickNew York Court of Chancery · 1837
- Cobb v. . TitusNew York Court of Appeals · 1854
- Miller v. GambieNew York Supreme Court · 1848
3Cited by16 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Grierson v. . MasonNew York Court of Appeals · 1875
- Schmittler v. . SimonNew York Court of Appeals · 1889
- Nightingale v. J. H. & C. K. Eagle, Inc.Appellate Division of the Supreme Court of the State of New York · 1910
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