Legal Opinion

Mussey v. Dempsey

New York Supreme Court

Decided July 15, 1908Published

Action upon a promissory note.

1Opinion of the CourtVan Kirk, J.

This is an action tried before the court without a jury. The action is brought to recover on a promissory note, dated February 18, 1904, due two years after date, given as expressed “ For value received ” by Michael Tommany to Edward Mussey, for the sum of $900 with interest.

The defendants are the administrators of Michael Tom-many. They defend upon the following grounds: (1) that the note was never made and delivered by the deceased; (2) that the note, if made, was made without any consideration; and (3) that the note, if made and delivered, was procured by the plaintiff by false…

2Cases cited2 opinions

  1. Smith v. GardnerNew York Supreme Court · 1864
  2. Green v. MusseyAppellate Division of the Supreme Court of the State of New York · 1902

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