Legal Opinion · Concurrence

Grocers' Bank v. Penfield

New York Supreme Court

Decided May 15, 1876Published

Appeal from a judgment in favor of the defendants, entered on the report of a referee dismissing the complaint in an action upon a promissory note.

1Concurrence

Daniels, J. :

The action was prosecuted against the defendants defending, as the makers of two promissory notes, dated on the 25th and 28th days of August, 1873, respectively, by which the defendants promised to pay to the order of Charles H. Truax, in sixty days after such dates, $1,150 by the first, and $670.77 by the second of the notes, at the Grocers’ Bank, for value received. It appeared from the evidence of Truax, who was the only witness examined upon the trial, that the notes were made for his accommodation, and without any consideration between him and the makers. When *281they were made…

2Cases cited8 opinions

  1. Freeman v. . FreemanNew York Court of Appeals · 1870
  2. Cary v. . WhiteNew York Court of Appeals · 1873
  3. Agawam Bank v. . StreverNew York Court of Appeals · 1859
  4. Place v. . McIlvainNew York Court of Appeals · 1868
  5. Elting v. VanderlynNew York Supreme Court · 1809

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