Stewart v. Eden
New York Supreme Court
Assumpsit on a special agreement to pay a promissory note drawn by Jolin Pelletreau, in favor of John Wardell, and by liim endorsed to tbe plaintiffs. Tlie note, on tbe promise to pay which the action was founded, had been *given as collateral security, for payment of an unsatisfied judgment, obtained on a note for a larger amount, of which tbe plaintiffs were bona fide holders made to Charles Brigden, on a.usurious consideration.
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Assumpsit on a special agreement to pay a promissory note drawn by Jolin Pelletreau, in favor of John Wardell, and by liim endorsed to tbe plaintiffs. Tlie note, on tbe promise to pay which the action was founded, had been *given as collateral security, for payment of an unsatisfied judgment, obtained on a note for a larger amount, of which tbe plaintiffs were bona fide holders made to Charles Brigden, on a.usurious consideration. The note thus given, and on tlie promise to pay which the present action was founded, had been lodged in the bank for collection. On tbe day it fell due, tlie…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. We are satisfied there is no ground for the last objection, arising out of the original usury. The cases of Ellis v. Warnes, and Cuthbert v. Haley, are decisive authorities for the plaintiffs. The only questions are, whether here was a sufficient *152consideration for the promise, and whether the plaintiffs did withdraw the note agreeably to the intent, and according to the condition, of the promise. It is stated in the defendant’s lettewto the plaintiffs, that the note was lent to him, or for his use. By this, I understand him to say, that he was…
2Cases cited1 opinion
- Churchill v. HuntNew York Supreme Court · 1846
3Cited by7 opinions
- Doty v. WilsonNew York Supreme Court · 1817
- Ehle v. JudsonNew York Supreme Court · 1840
- Lebanon v. GriffinSupreme Court of New Hampshire · 1864
- Richardson v. FieldSupreme Judicial Court of Maine · 1829
- Hopper v. HopperSupreme Court of New Jersey · 1845
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