Isaacs v. Jacobs
New York Court of Common Pleas
Appeal from city court, general term. An action by Jacob S. Isaacs against Lewis Jacobs to recover $419.18. Defendant admitted his indebtedness, but set up a counter-claim, upon a promissory note made by plaintiff.
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Appeal from city court, general term. An action by Jacob S. Isaacs against Lewis Jacobs to recover $419.18. Defendant admitted his indebtedness, but set up a counter-claim, upon a promissory note made by plaintiff. The consideration for this note was the assignment, under seal, by the defendant, Jacobs, to the plaintiff, of a debt due to the defendant from S. H. Smith & Co., upon which there was due to said Jacobs the amount of the note, $745.70. The making of this note, and of this assignment in consideration of the note, were admitted by the reply; and, in avoidance thereof, the plaintiff,…
1Opinion of the CourtLarremore, C. J.
The amount claimed to be due by the complaint was admitted, and defendant relied on a counter-claim. It is founded upon a promissory note made by plaintiff to his own order, and by him indorsed to ■defendant. Upon the trial, the plaintiff, while admitting the making, indorsement, and delivery of the note, offered evidence to prove a contemporaneous understanding between the parties, to the effect that such note was given at the time of the taking of an assignment by plaintiff of an alleged ■claim for an amount equal to the face of said note, held by defendant, against ■certain strangers to…
2Cases cited5 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Bookstaver v. . JayneNew York Court of Appeals · 1875
- Isaacs v. JacobsCity of New York Municipal Court · 1889
3Cited by2 opinions
- Homestead Bank v. WoodNew York Court of Common Pleas · 1892
- Western Nat. Bank v. WoodNew York Supreme Court · 1892