Vilas National Bank v. Barnard
New York Supreme Court
Appeal from special term, Clinton county. Action by the Vilas National Bank of Plattsburgh against Henry E. Barnard and Benton Turner on a promissory note. From a judgment in favor of plaintiff for $5,116.71 damages and costs, and from an order overruling defendants’ answer as frivolous, and ordering that plaintiff have judgment in the action for damages and costs as above stated, defendants appeal. Affirmed.
1Opinion of the CourtHerrick, J.
The defendants allege that the note in question was for money loaned and advanced by the plaintiff to’ benefit of a third person, and that said money was not loaned to the defendants, or either of them, and that they did not have the same; which facts the answer alleges the plaintiff well knew when said note was made, indorsed, and delivered to it. The answer then proceeds to allege as a defense that the note was made and delivered upon the express condition that the defendants were not to be called upon to pay the same at maturity, provided there was delivered to the plaintiff good business…
2Cases cited2 opinions
- Milliman v. HuntingtonNew York Supreme Court · 1893
- Van Schaick v. Van BurenNew York Supreme Court · 1893
3Cited by1 opinion
- Brown v. MerriottUtah Supreme Court · 1939