Linderman v. . Farquharson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made April 20, 1883) which reversed a judgment in favor of defendant, entered upon the report of a referee, and granted a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made April 20, 1883) which reversed a judgment in favor of defendant, entered upon the report of a referee, and granted a new trial. The nature of the action and the material facts are stated in the opinion. The defendant was an entire stranger to the transaction between her husband and his creditor, and her promise embodied in the note was an entirely distinct and independent transaction and was entirely without consideration. (Cary v. White, 52 N. Y. 138; Farnsworth v. Clark, 44 Barb. 601; Chitty…
1Opinion of the CourtRaparlo, J.
This action was brought upon a promissory note dated April 3, 1879, made by the defendant and Frank H. Farquarson, whereby, for value received, they promised to pay to James Lovell or order, $800, with use, nine months after date, and made the same a charge on their separate estate; which note was before maturity transferred for value by Lovell to the plaintiff in this action.
The answer admitted the making of the note described in the complaint, but set up, among other defenses, that it was given without consideration.
The referee before whom the issues were tried, found as facts that on the…
2Cases cited3 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Cary v. . WhiteNew York Court of Appeals · 1873
- Loomis v. . RuckNew York Court of Appeals · 1874
3Cited by6 opinions
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- Mechanics' & Traders' Bank v. LivingstonNew York Court of Common Pleas · 1893
- Hadley v. ReedNew York Supreme Court · 1890
- Spraker v. DowNew York Supreme Court · 1888
- Albany County Bank v. ScottNew York Supreme Court · 1886
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