Bowery Bank v. . Gerety
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 31, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action upon a promissory note. The facts, so far as material, are stated in the opinion. Defendant’s contract of indorsement being founded upon an illegal consideration, no action can he maintained thereon.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 31, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action upon a promissory note. The facts, so far as material, are stated in the opinion. Defendant’s contract of indorsement being founded upon an illegal consideration, no action can he maintained thereon. (S. C. Bank v. King, 44 N. Y. 87; Arnot v. P. & E. C. Co., 68 N. Y. 558; B. P. Club v. Greene, 86 Hun, 20; Hind v. Chamberlain, 6 N. H. 225; Chitty on Cont.…
1Opinion of the CourtO’Beien, J.
The defendant’s intestate was one of three indorsers upon a note made by one Davidson for $4,500, and which was discounted by the plaintiff, and the proceeds paid to the maker who was then the sheriff of the city and county of New York. The liability of the defendant as indorser upon this note is resisted, upon the ground that in September, 1885, when the note was made, the maker agreed to assign to the bank his claim against the city and county of New York, to accrue in the month of December following, for official fees and compensation as keeper of the jail and as sheriff, as collateral…
2Cases cited3 opinions
- Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Bowery National Bank v. WilsonNew York Court of Appeals · 1890
3Cited by5 opinions
- Hull v. CronkAppellate Division of the Supreme Court of the State of New York · 1900
- Davis v. TrueAppellate Division of the Supreme Court of the State of New York · 1903
- Raegener v. HubbardAppellate Division of the Supreme Court of the State of New York · 1899
- Central New York Telephone and Telegraph Co. v. AverillNew York Supreme Court · 1908
- Winter v. Williamsburgh Savings BankAppellate Division of the Supreme Court of the State of New York · 1902