Bloom v. Polacsek
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Meyer Bloom against Maurice Polacselc and others. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtBijur, J.
Plaintiff sued the maker and indorsers of a promissory note. It was claimed that the indorsers were discharged through the receipt by the plaintiff of a new note of the original maker in payment of the old one. The question whether the new note constituted a valid consideration for an extension of the old debt, though liberally discussed in the briefs, is not presented for determination here. The trial judge charged, without-exception, that if the jury believed that the plaintiff had accepted the new note in payment for the old the indorsers would be discharged; and it may be added that, in…
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