Frecking v. . Rolland
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Oourt of the city of New York, affirming a judgment in favor of defendant Rebecca Holland, entered upon a verdict. This action was brought upon a joint promissory note of $1,000, signed by the defendants, who were husband and wife. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Superior Oourt of the city of New York, affirming a judgment in favor of defendant Rebecca Holland, entered upon a verdict. This action was brought upon a joint promissory note of $1,000, signed by the defendants, who were husband and wife. The facts are sufficiently stated in the opinion. The court directed a verdict in favor of the wife, and the jury rendered a verdict accordingly, finding for the amount of the note against the husband. The case should have been submitted to the jury. (Smith v. Tiffany, 36 Barb., 23; Stone v. Flower, 47 N. Y.,…
1Opinion of the CourtAndrews, J.
If the defendant signed the note as surety for her husband merely, as the evidence on her part tended to show, the judgment is clearly right. (Yale v. Dederer, 18 N. Y., 265; 22 id., 450.) But in determining whether the court was justified in directing a verdict for the defendant any evidence tending to establish her liability for the debt is to be considered, and if the jury would have been authorized, if the case had been submitted to them, to have found a verdict against her, the direction was erroneous. It' was not necessary that the plaintiff should have requested the court to submit the…
2Cases cited3 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Stone v. . FlowerNew York Court of Appeals · 1872
- Bowen v. ConnerMassachusetts Supreme Judicial Court · 1850
3Cited by33 opinions
- Whitney Hardware Co. v. McMahanTexas Supreme Court · 1921
- Schofield v. JonesSupreme Court of Georgia · 1890
- La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
- Manhattan Brass & Manufacturing Co. v. ThompsonNew York Court of Appeals · 1874
- Farmers Exchange Bank v. HagelukenSupreme Court of Missouri · 1901
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