Lynch v. . Kennedy
New York Court of Appeals
Action on a promissory note for $2,000, made by the defendant, on the 18th of September, 1857, payable to Patrick Hogarty, and indorsed by him. The cause was tried before Judge Hilton and a jury, in-the Hew York Common Pleas. The plaintiff recovered, and the judgment was affirmed at the General Term, on appeal.
Read the full summary
Action on a promissory note for $2,000, made by the defendant, on the 18th of September, 1857, payable to Patrick Hogarty, and indorsed by him. The cause was tried before Judge Hilton and a jury, in-the Hew York Common Pleas. The plaintiff recovered, and the judgment was affirmed at the General Term, on appeal. The answer denied the principal allegations in the complaint, and alleged, as a defense, that the note was made for the accommodation of Hogarty, the payee; that Hogarty transferred it to James Lynch, a brother of the plaintiff, at the same time transferring to him a large amount of…
1Opinion of the CourtPorter, J.
The judge properly held that, as the material allegations in the complaint were denied in the answer, the addition of a special defense did not entitle the defendant to open the case to the jury.
It was affirmatively proved that the plaintiff was a bona fide holder of the note, and that he purchased it on the faith of the defendant’s written statement that it was business paper and that it would be paid at maturity. It was immaterial, therefore, whether any defense existed between the original parties; and evidence tending to establish such a defense was properly rejected. The proof was not…
2Cases cited2 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Steinhart v. BokerNew York Supreme Court · 1861
3Cited by2 opinions
- Heilbrun v. HammondNew York Supreme Court · 1878
- Standard Factors Corp. v. National Rubber Mach. Co.Court of Appeals for the Second Circuit · 1943