Bookstaver v. Jayne
New York Court of Appeals
Appeal by defendant Jayne from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 3 N. Y. S. C. [T. & C.], 397.) This was an action upon a promissory note made by defendant Glenny for $4,000, payable in three months, and indorsed by defendant Jayne. Glenny did not answer.
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Appeal by defendant Jayne from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 3 N. Y. S. C. [T. & C.], 397.) This was an action upon a promissory note made by defendant Glenny for $4,000, payable in three months, and indorsed by defendant Jayne. Glenny did not answer. The answer of defendant Jayne set up, among other things, in substance, that defendant Glenny, who was a merchant doing business, was indebted to plaintiff in the sum of about $5,000; that an action had been…
1Opinion of the CourtMiller, J.
The defence which was set up in the answer to the plaintiff’s complaint, and offered to be proved upon the trial, would establish a failure of consideration of the note upon which the action was brought, and was, in my opinion, improperly excluded. The contract alleged was made by the *149plaintiffs with the indorser, and his name was procured by means of the representations made by them, and the agreement of the plaintiffs. The facts which the defendant offered to prove tended to show that the making of the note and the indorsement of the same by the defendant was for a specific purpose, which…
2Cases cited5 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Benton v. . MartinNew York Court of Appeals · 1873
- Lasher v. . WilliamsonNew York Court of Appeals · 1874
- Sawyer v. ChambersNew York Supreme Court · 1865
- Develin v. . ColemanNew York Court of Appeals · 1872
3Cited by1 opinion
- Deeves v. LockhartThe Superior Court of New York City · 1885