Rice v. . Grange
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 15, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 15, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defense of- failure of consideration was established, hence the judge erred-in directing a verdict for plaintiff. (Harris v. Clark, 3 N. Y. 93; Burnwell v. Jackson, 9 id. 535 ; Coates v. F. N. Bank, 91 id. 26.) Chace…
1Opinion of the CourtGray, J.
This action was upon the promissory note of the defendant, made to the order of Earl B. Chace & Co., and the plaintiff is the assignee of the payees, under an assignment for the benefit of their creditors, executed at a time subsequent to the maturity of the note. The defense set up in the answer was a failure of consideration. The facts as developed upon the trial of the action were precisely these, that in December, 1889, Chace placed in the hands of a broker a promissory note made by Hawkins & Co. to the order of Chace’s firm and not yet due. This broker called upon the defendant and…
2Cases cited1 opinion
- Cobb v. . TitusNew York Court of Appeals · 1854
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