Farmers' & Citizens' Bank v. Sherman
The Superior Court of New York City
This is an appeal by the plaintiffs from a judgment entered on a verdict rendered on a trial had before Mr. Justice Slosson and a jury, in May, 1859; and also from an order refusing a new trial. The defendant is sued as the maker of a note for $1,980, dated July 5, 1854, payable to the order of Thompson, Stillman & Company, sixty days after its date.
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This is an appeal by the plaintiffs from a judgment entered on a verdict rendered on a trial had before Mr. Justice Slosson and a jury, in May, 1859; and also from an order refusing a new trial. The defendant is sued as the maker of a note for $1,980, dated July 5, 1854, payable to the order of Thompson, Stillman & Company, sixty days after its date. The answer alleges that the note was made without consideration, and for the accommodation of Ralph Pomeroy, one of the payees; that the plaintiffs without defendant’s knowledge, by agreement with Pomeroy, after the note was due, extended the…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
This action was commenced on or about the 21st of Movember, 1857. It is brought against the defendant as the maker of a note dated July 5, 1854, for the sum of $1,980, payable sixty days after its date to the order of Thompson, Skillman & Company, and by them indorsed.
The defense set up in the answer is, that the note was made without consideration, to accommodate one Ralph Pomeroy, and that after it became due and payable, it was “fully paid and satisfied to the said plaintiffs by the said Ralph Pomeroy, before the commencement of this suit.”
The action was tried…
2Cases cited1 opinion
- Van Gieson v. Van GiesonNew York Supreme Court · 1850