Legal Opinion

Hill v. Northrup

New York Supreme Court

Decided June 15, 1874Published

Appeal from a judgment in favor of plaintiff, entered upon the report of a referee. The action was brought in Onondaga county by Robert E. Hill against John W. Northrup, Flavilla Northrop, James M. Crow, Charles G-. Robinson and Russell A. Clark, upon a promissory note made by the Northrups and indorsed by the firm of Crow, Robinson & Clark, and transferred for value before maturity to plaintiff.

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Appeal from a judgment in favor of plaintiff, entered upon the report of a referee. The action was brought in Onondaga county by Robert E. Hill against John W. Northrup, Flavilla Northrop, James M. Crow, Charles G-. Robinson and Russell A. Clark, upon a promissory note made by the Northrups and indorsed by the firm of Crow, Robinson & Clark, and transferred for value before maturity to plaintiff. The. makers defended, and in their answer admitted the making of the note, but set up that the note was given to compound a felony. Upon the trial said defendants offered to show that the note had…

1Opinion of the CourtE. Dab win Smith, J.

The complaint in due form alleged the making of the said note and its transfer before maturity for a good and valuable consideration to the plaintiff; and these facts are admitted by the answer. The plaintiff was, therefore, entitled to recover upon the face of the pleadings. He had nothing to prove, and the affirmative of the issue was upon the defendants. The answer set up that the note was given to compromise a felony, and that the fact that the said note was given for the cause and consideration stated therein was well known to the plaintiff.

The illegality of the consideration of the note…

2Cases cited2 opinions

  1. Vallett v. ParkerNew York Supreme Court · 1831
  2. Loomis v. ClineNew York Supreme Court · 1848

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