Powers v. . Silberstein
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made at the January Term, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made at the January Term, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Eeported below,. 19 J. & S. 321.) This action was brought upon a promissory note for $1,500,. dated April 10, 1880, made by the firm of Joy & Martin and indorsed by the defendant Silberstein, who alone answered, setting up as a defense that the note was indorsed by him for the accommodation of the makers, and that the time of payment was extended by an agreement made without his…
1Opinion of the CourtAndrews, J.
The trial judge refused to submit to the jury the question whether there was an agreement between the plaintiff, and Joy & Bowman, the. makers of the note, made; after its maturity without the consent of the defendant, the aecommodation’indorser, to extend the time of payment. If there was any competent evidence tending to sustain this defense, the ruling was erroneous. There are certain facts which are uncontradicted, first, that the consideration of the-note was a loan of $1,500, made by the plaintiff to Joy & Bowman, and that it was one of the inducements upon which the loan was made, that…
2Cases cited1 opinion
- Bagley v. . BoweNew York Court of Appeals · 1887
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- Douglass v. . FerrisNew York Court of Appeals · 1893
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