Schepp v. . Carpenter
New York Court of Appeals
Appeal from judgment of the Glen eral Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 49 Bari, 542.) This action was brought upon a promissory note made by defendant, payable to the order of one Henry Church, for the sum of $300. 'i The note was' made by defendant for the accommodation of Church, and was delivered to the latter without any restrictions as to the manner of its use.
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Appeal from judgment of the Glen eral Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 49 Bari, 542.) This action was brought upon a promissory note made by defendant, payable to the order of one Henry Church, for the sum of $300. 'i The note was' made by defendant for the accommodation of Church, and was delivered to the latter without any restrictions as to the manner of its use. Church being indebted to plaintiff in a larger sum, transferred the note to him on account thereof, and the amount of…
1Opinion of the Court
Johnson, C.
The note in suit was made by the defendant for the accommodation of one Church, and for his general benefit. He being indebted to the plaintiff transferred to him the note, and the jury were instructed that if Schepp received the note in payment of Church’s debt to him, or as security for the payment of it, he was entitled to recover. The defendant’s counsel made several requests to charge, which, though variant in form, all presented in different aspects the proposition that, in order to recover, the plaintiff must show himself a holder for value in some other sense than that…
2Cases cited3 opinions
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Spencer v. . BallouNew York Court of Appeals · 1858
- Traders' Bank v. BradnerNew York Supreme Court · 1864
3Cited by15 opinions
- Mechanics' & Traders' Bank v. LivingstonNew York Court of Common Pleas · 1893
- Holl v. LongNew York Supreme Court · 1901
- Queens County Bank v. LeavittNew York Supreme Court · 1890
- Wheeler v. AllenNew York Court of Common Pleas · 1879
- Queens Co. Bank v. LeavittNew York Supreme Court · 1890
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