Skinner Engine Co. v. Old Staten Island Dyeing Establishment
New York Court of Common Pleas
Appeal from city court, general term. Action by the Skinner Engine Company against the Old Staten Island Dyeing Establishment, on a promissory note made by defendant to the order of William Barnhurst, for $558.90, dated July 18, 1893, at 90 days, indorsed and delivered before maturity by Barnhurst to plaintiff for a valuable consideration, as alleged. Defendant denied the delivery, and set up an affirmative defense of failure of consideration.
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Appeal from city court, general term. Action by the Skinner Engine Company against the Old Staten Island Dyeing Establishment, on a promissory note made by defendant to the order of William Barnhurst, for $558.90, dated July 18, 1893, at 90 days, indorsed and delivered before maturity by Barnhurst to plaintiff for a valuable consideration, as alleged. Defendant denied the delivery, and set up an affirmative defense of failure of consideration. From a judgment of the city court (28 N. Y. Supp. 598), affirming a judgment entered on a verdict directed by the court in favor of plaintiff,…
1Opinion of the CourtDaly, C. J.
The trial judge directed a verdict for the plaintiff, on the ground that the evidence established that it was a holder for value, before maturity, of the note in suit, without notice of the equities set up in the answer. The defendant claims that the evidence shows that the plaintiff took the note in payment of an antecedent debt, but not in discharge or extinguishment thereof, and therefore parted with no value. The acceptance by a creditor from his debtor of a new security or obligation for an old debt is the mere substitution of one executory agreement for another, and there is no…
2Cases cited6 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Brown v. . LeavittNew York Court of Appeals · 1865
- Mayer v. . HeidelbachNew York Court of Appeals · 1890
- Goldsmith v. CoverlyNew York Supreme Court · 1894
- Fisher v. SharpeNew York Court of Common Pleas · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schmidt v. LivingstonAppellate Terms of the Supreme Court of New York · 1896