Simmons v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by J. Edward Simmons, as receiver of the American Loan & Trust Company, against Charles 0. Thompson. From a judgment for defendant, and an order denying a new trial, plaintiff appeals.
1Opinion of the Court
RÜMSEY, J.
The action was brought upon a promissory note made by the defendant, and alleged to have been delivered by him to the American Loan & Trust Company, of which the plaintiff after-wards became receiver. The defense was that the note was delivered for the convenience of the American Loan & Trust Company, and without consideration, to stand as an apparent security for a loan made by that company to the Decatur & Nashville Improvement Company, and upon an express agreement made at the time of delivery that the defendant was not to be liable upon the note. The defendant gave evidence…
2Cases cited3 opinions
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Garfield National Bank v. ColwellNew York Supreme Court · 1890
- Higgins v. RidgwayNew York Supreme Court · 1895
3Cited by4 opinions
- State Bank of Moore v. ForsythMontana Supreme Court · 1910
- First National Bank v. ReedCalifornia Supreme Court · 1926
- Amusement Industry, Inc. v. Citigroup Global Markets Realty Corp. (In Re First Republic Group Realty, LLC)United States Bankruptcy Court, S.D. New York · 2009
- Abraham Arndt & Bros. v. New York Fruit Water Co.City of New York Municipal Court · 1913