Sawyer v. Chambers
New York Supreme Court
ACTION upon a promissory note, against the indorsers. Upon the trial the plaintiff proved the execution of the note and the interest, and rested.
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ACTION upon a promissory note, against the indorsers. Upon the trial the plaintiff proved the execution of the note and the interest, and rested. The defendants opened their defense, and being requested by the plaintiffs’ counsel, stated that they intended to prove that the note in suit was indorsed by the defendants for the Grutta Percha Company themselves, upon the condition that the plaintiffs would perform and carry out an agreement made between them and the company to deliver to the company cotton duck, at a certain price, for which the company was to give satisfactory paper. That the…
1Opinion of the Court
*623 By the Court,
Ingraham, J.
The defense set up in this case must be considered as sufficiently alleged in the answer, as the answer was amended by the court to embrace the facts so stated,
Whether this is to be considered an offer to show a total or partial failure of consideration between the plaintiffs and the makers, is immaterial. Between the original parties such a defense is admissible. The offer was to show that the whole consideration of the note, or the greater part of it, had failed; that the note was given on account of the goods, which the plaintiffs had agreed to sell to the company…
2Cases cited1 opinion
- Boyd v. . CummingsNew York Court of Appeals · 1858
3Cited by3 opinions
- United Transportation Co. v. GlennAppellate Division of the Supreme Court of the State of New York · 1929
- William Segar, Inc. v. 1967-1975 Ocean Avenue Realty Corp.New York Supreme Court · 1926
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902