Stettheimer v. Meyer
New York Supreme Court
APPEAL from a judgment entered upon the report .of a referee. The action was brought by the plaintiff against John Meyer and Valentine Schlaeffer, on a promissory note for $300, dated July 18, 1857, at 30 days. Meyer was the maker, and Schlaeffer the indorser.
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APPEAL from a judgment entered upon the report .of a referee. The action was brought by the plaintiff against John Meyer and Valentine Schlaeffer, on a promissory note for $300, dated July 18, 1857, at 30 days. Meyer was the maker, and Schlaeffer the indorser. The note was made by Meyer for the accommodation of B. Schoeffel, and without any consideration, and on the express agreement that the same should not be used in any manner, or put into circulation, until it should be signed by Valentine Schlaeffer and Sebastian Weiland, as joint makers. It was not so signed, and was fraudulently…
1Opinion of the Court
By the Court,
Johnson, J.
The referee has found that the note in question was transferred to the plaintiff in consideration of the surrender by him of a note which he held against Zeislein, for borrowed money, and the payment to Zeislein of §40 in money, that being the difference between the amounts of the two obligations, without any knowledge on his part as to the origin of the note in question, or the purpose for which it was made. This was before the note in question became due.
This, we think, constitutes the plaintiff a holder for a valuable consideration, within the case of Youngs v. Lee,…
2Cases cited1 opinion
- Youngs v. LeeNew York Supreme Court · 1854
3Cited by7 opinions
- Brown v. . LeavittNew York Court of Appeals · 1865
- Lawrence v. . ClarkNew York Court of Appeals · 1867
- Bank of the State of New York v. VanderhorstThe Superior Court of New York City · 1863
- Burkhalter v. PrattNew York Marine Court · 1876
- Cardwell v. HicksNew York Supreme Court · 1862
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