Miller v. . McKenzie
New York Court of Appeals
Appeal frqin judgment of the General Terra of the Court of Common ‘Pleas in and for the city and county of Mew York, entered upon an order made March 15, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was upon a promissory note for $5,000 given by Thomas McKenzie,defendant’s intestate to plaintiff. The defense was want of consideration.
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Appeal frqin judgment of the General Terra of the Court of Common ‘Pleas in and for the city and county of Mew York, entered upon an order made March 15, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was upon a promissory note for $5,000 given by Thomas McKenzie,defendant’s intestate to plaintiff. The defense was want of consideration. It was stated in the body of the note that it was given “ for money loaned.” The evidence tended to show that the note was given for boarding, nursing and…
1Opinion of the CourtEarl, J.
There is no difficulty about the pleadings in this case. Under them the parties may litigate every question which has so far appeared in the case.
Notwithstanding the statement in'the note that it was given for cash loaned, it is open to either party'to%show the true consideration thereof. (1 Parsons on Notes and Bills, 194; Abbott v. Hendricks, 1 M. & G. 791; Wheeler v. Billings, 38 N. Y. 263; Arnot v. Erie Railway Co., 67 id. 321.)
There is a difference of opinion among the judges of this court as to some of the features of this case. Some are of opinion that upon the undisputed evidence the…
2Cases cited6 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- White v. . BaxterNew York Court of Appeals · 1877
- Barnes v. PerineNew York Supreme Court · 1850
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- In re the Estate of LarneyNew York Surrogate's Court · 1933
- National Gum & Mica Co. v. BraendlyAppellate Division of the Supreme Court of the State of New York · 1898
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