Plant v. Schuyler
The Superior Court of New York City
Application for judgment on the pleadings. This action was brought by Edwin E. Plant against Spencer D. Schuyler and James Plant, to recover upon a promissory note, made by defendant Schuyler, dated March 16, 1867, to the order of James Plant, for $500, payable July 15, 1867, and alleged to have been after-wards, and before the same became due, indorsed by James Plant and transferred to the plaintiff, who claimed to be the lawful owner and holder thereof.
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Application for judgment on the pleadings. This action was brought by Edwin E. Plant against Spencer D. Schuyler and James Plant, to recover upon a promissory note, made by defendant Schuyler, dated March 16, 1867, to the order of James Plant, for $500, payable July 15, 1867, and alleged to have been after-wards, and before the same became due, indorsed by James Plant and transferred to the plaintiff, who claimed to be the lawful owner and holder thereof. Demand and notice, &c., were also averred in the complaint. The answer of the defendant Schuyler was as follows: “The said, defendant,…
1Opinion of the CourtMcCunn, J.
The answer does not deny the making of the note for value, its terms, its indorsement and delivery to the plaintiff before it became due, &c.
In the second part of the answer, for the purpose, as is supposed, of showing a want of consideration, the defendant has pleaded a number of “ understandings ” about stock, &c., but what connection they had with the making and delivery of the note does not appear.
Indeed, if anything can be inferred from the pleaded matter, it is that the note was given for the assignment of stock which was beneficial to defendant Schuyler, and which therefore constituted…
2Cases cited6 opinions
- Russell v. ClappNew York Supreme Court · 1849
- Van Schaick v. WinneNew York Supreme Court · 1852
- Seeley v. EngellNew York Supreme Court · 1854
- Brown v. RyckmanNew York Court of Common Pleas · 1856
- Myers v. MachadoThe Superior Court of New York City · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880