Johannessen v. Munroe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Munroe and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day •of November, 1895, upon the verdict of a jury rendered after- a trial at the New York Circuit. The facts are more fully stated in the dissenting opinion of Ingraham, J.
1Opinion of the Court
O’Bbieií, J.:
In considering tins case upon the former appeal I reached a conclusion, as shown by the opinion (84 Hun, 594), that “ as to instruments other than promissory notes, therefore, particularly instruments in writing, such as special letters of credit, which are neither negotiable nor assignable, in order to. charge the maker or drawer with liability,, it is essential to prove that such instruments were made for a consideration, unless such liability can be supported by an estoppel. * * * Applying, these principles to the case at bar, wé think that unless the plaintiff states a good…
2Cases cited1 opinion
- Johannessen v. MunroeNew York Supreme Court · 1895