De Zeng v. Fyfe
The Superior Court of New York City
This action comes before the Court at General Term, appeal by the defendant from a judgment in favor of the tiff, entered on the verdict of a jury. This action was brought to recover the amount of two promissory notes made by the defendant, payable to the order of Stebbins, Garabrant & Co., and endorsed by the payees to the plaintiffs.
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This action comes before the Court at General Term, appeal by the defendant from a judgment in favor of the tiff, entered on the verdict of a jury. This action was brought to recover the amount of two promissory notes made by the defendant, payable to the order of Stebbins, Garabrant & Co., and endorsed by the payees to the plaintiffs. It was tried before Mr. Justice Slosson and a jury, in February, 1857. The defendant proved on the trial that the notes were made without any consideration for the “ general accommodation of the payees, to be used by them in their business without any…
1Opinion of the CourtBy the Court. Woodruff, J.
The only point to which our attention was called, on the argument of this appeal, is the rejection of the evidence offered by the defendant. His counsel insists that the evidence should have been received. While, on the other hand, the plaintiffs insist, that had testimony been given, establishing the facts stated in the offer, no defence would have been made out, and no question would have been raised thereby, which it was proper to. submit to the jury.
The facts proved, and the facts which the defendant offered to prove, raise this single question:
When a note is made by a defendant for the…
2Cases cited5 opinions
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Rosa v. BrothersonNew York Supreme Court · 1833
- President of the Bank of Chenango v. HydeNew York Supreme Court · 1825
- Lathrop v. MorrisThe Superior Court of New York City · 1851
3Cited by3 opinions
- Fetters v. Muncie National BankIndiana Supreme Court · 1870
- First National Bank v. RogersSupreme Court of Minnesota · 1868
- Atlantic National Bank v. FranklinNew York Supreme Court · 1873