Fernan v. Doubleday
New York Supreme Court
The plaintiff was the holder of a note, made by one Den-ton to Ammi Doubleday, and indorsed by the latter to Patrick Fernán, and made this claim upon the indorsement against Ammi Doubleday’s executor. The defendant claimed a discliai'ge of the indorser by means of an extension given by Patrick Fernán to the maker of the note. The matter was referred pursuant to the statute, by the surrogate of Broome county.
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The plaintiff was the holder of a note, made by one Den-ton to Ammi Doubleday, and indorsed by the latter to Patrick Fernán, and made this claim upon the indorsement against Ammi Doubleday’s executor. The defendant claimed a discliai'ge of the indorser by means of an extension given by Patrick Fernán to the maker of the note. The matter was referred pursuant to the statute, by the surrogate of Broome county. All the facts were admitted on the trial before the referee, except the facts as to the extension, including the consideration for the extension, which were proved by the executor. The…
1Opinion of the Court
By the Court —
Miller, P. J.
It is insisted that the referee erred in holding that the defendant having himself proved the consideration for the extension to be usurious and void, the plaintiff may avail himself thereof, and that there was no valid agreement to extend the time of payment so as to discharge the indorser. In order to establish a defence of the character interposed in this case an agreement must be proved which is valid and binding upon the parties. In this case the consideration was a usurious one, which was not paid by the indorser and therefore it is exceedingly questionable…
2Cases cited3 opinions
- Billington v. . WagonerNew York Court of Appeals · 1865
- Draper v. TrescottNew York Supreme Court · 1859
- Vilas v. JonesNew York Court of Chancery · 1843
3Cited by3 opinions
- Froude v. BishopAppellate Division of the Supreme Court of the State of New York · 1898
- National Bank v. PlaceNew York Supreme Court · 1878
- Thayer v. KingNew York Supreme Court · 1884