German Exchange Bank v. Schnitzer
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of Hew York in favor of the defendant, dismissing the complaint and directing a verdict for the defendant.
1Opinion of the CourtBijub, J.
Plaintiff sues on two promissory notes. Over the objection that it was oral evidence tending to vary a written contract, defendant testified that these notes were given after his discharge in bankruptcy, in which an indebtedness to the plaintiff of a greater amount had been discharged, and that at the time of the delivery of these notes they were given upon the express condition. that they should never be sued upon if defendant should not be able to pay them, though defendant agreed to pay interest thereon.
While oral evidence to show a lack of consideration or that notes were delivered on…
2Cases cited2 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Ryan v. SullivanAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Stern v. GerberAppellate Terms of the Supreme Court of New York · 1912