Simmons v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Edward Simmons, as receiver of the American Loan and Trust Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of November, 1897, upon the verdict of a jury, and also from an,order, entered in said clerk’s office on the 11th day of November, 1897, denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Rumsey, J.:
The action was brought upon a promissory note made by the defendant and alleged to -have been delivered by him to the American Loan and Trust Company, of which the plaintiff afterwards became receiver. The defense was that the note was delivered for the convenience of the American Loan and Trust Company and without consideration, to stand as an apparent security for a loan made by that company to the Decatur and Nashville Improvement Company, and upon an ' express agreement made at the time of delivery that the defendant was not to be liable upon the note. The defendant gave…
2Cases cited2 opinions
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Higgins v. RidgwayNew York Supreme Court · 1895
3Cited by8 opinions
- State Bank of Moore v. ForsythMontana Supreme Court · 1910
- First National Bank v. ReedCalifornia Supreme Court · 1926
- Persons v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1899
- Amusement Industry, Inc. v. Citigroup Global Markets Realty Corp. (In Re First Republic Group Realty, LLC)United States Bankruptcy Court, S.D. New York · 2009
- Abraham Arndt & Bros. v. New York Fruit Water Co.City of New York Municipal Court · 1913
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