Rogers v. . Vosburgh
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, made February 10,' 1880, which affirmed a judgment entered upon an order striking out defendants’ answer as frivolous and sham, and which affirmed said order ; also appeal from judgment entered upon said order of General Term. This action was upon a promissory note which the complaint alleged was dated April 1, 1872, and was for the sum of $1,000, payable with interest, one year from date.
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Appeal from order of the General Term of the Supreme Court, made February 10,' 1880, which affirmed a judgment entered upon an order striking out defendants’ answer as frivolous and sham, and which affirmed said order ; also appeal from judgment entered upon said order of General Term. This action was upon a promissory note which the complaint alleged was dated April 1, 1872, and was for the sum of $1,000, payable with interest, one year from date. Defendants’ answer admitted the making of a note at the date, for the amount, and payable at the time specified in the complaint, but alleged that…
1Opinion of the CourtMiller, J.
The order of the General Term, affirming the order of the Special Term, and striking out the defendants’ answer as frivolous and sham and affirming the judgment was erroneous. The defendants’ answer set up as a defense, that after the making and delivery of the note the same was materially altered by the plaintiff without the knowledge of the defendants, by changing the date thereof from April 1, 1872, to April 1,1873. If this was a material alteration, then the defense interposed was valid and legal. It is not necessary to cite authorities to sustain the proposition that an alteration of a…
2Cited by3 opinions
- Barney v. KingNew York Supreme Court · 1891
- Central Bank v. TheinNew York Supreme Court · 1894
- Gleason v. HamiltonNew York Supreme Court · 1892