Cardwell v. Hicks
New York Supreme Court
THIS was an action upon a promissory note for $517.54, dated 30th March, 1857, payable in six months. The defense was fraud in obtaining the note and putting it in circulation. The case was tried before Justice Welles, May 13, 1861. The defendant (who is the maker of the note) held the affirmative, and introduced evidence tending to prove the fraud, and rested.
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THIS was an action upon a promissory note for $517.54, dated 30th March, 1857, payable in six months. The defense was fraud in obtaining the note and putting it in circulation. The case was tried before Justice Welles, May 13, 1861. The defendant (who is the maker of the note) held the affirmative, and introduced evidence tending to prove the fraud, and rested. The plaintiff then proceeded, and introduced evidence tending to show that the plaintiff was ignorant of the fraud, and paid value for the note. And it appeared from the plaintiff’s testimony that he received the note from 0. Wirgman,…
1Opinion of the CourtLeonard, J.
It must he assumed that the defendant offered evidence sufficient to go to the jury upon the question of fraud in the inception of the note, unless the plaintiff is a bona fide holder of it for value. The note is for $517.50. The plaintiff had a demand against 0. Wirgman for about $250, money collected by him for the plaintiff, which he discharged, and paid to Wirgman the balance of the note in money before maturity, and without any suspicion of the alleged fraud practiced upon the defendant when the note was obtained. To the extent of the money paid by the plaintiff on receiving the note,…
2Cases cited2 opinions
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3Cited by19 opinions
- Fairbanks v. . SargentNew York Court of Appeals · 1887
- Lawrence v. . ClarkNew York Court of Appeals · 1867
- Huff v. WagnerNew York Supreme Court · 1872
- Green v. WilkieSupreme Court of Iowa · 1896
- Lay v. WissmanSupreme Court of Iowa · 1873
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