Legal Opinion
Johannessen v. Munroe
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 1896Published
Appeal from trial term, New York County. Action by Johannes H. Johannessen against John Munroe and others on a letter of credit. There was a judgment in favor of plaintiff, and defendants appeal.
1Opinion of the CourtO’Brieu, J.
—In considering this case upon the former appeal, I reached a conclusion, as shown by the opinion (84 Hun, 594, 32 H. Y. Supp. 866), that:
“As to instruments other than promissory notes, particularly instruments in writing, such as special letters of credit, which are neither negotiable nor assignable, in order to charge the maker or withdraw the liability, it is necessary to prove that such instruments were made for a consideration, unless such liability can be supported by an estoppel. * * * Applying these principles to the case at bar, we think that, unless the plaintiff states a good cause…
2Cases cited1 opinion
- Johannessen v. MunroeNew York Supreme Court · 1895