Emerson v. Sheffer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George A. Sheffer, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Warren on the 23d day of October, 1905, upon the decision of the court rendered after a trial at the Warren Trial Term without a jury.
Read the full summary
Appeal by the defendant, George A. Sheffer, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Warren on the 23d day of October, 1905, upon the decision of the court rendered after a trial at the Warren Trial Term without a jury. This is an action on a promissory note executed December 6, Í1Í9M, by the .defendant George A. Sheffer to the order of and indorsed .by Henrietta Sheffer, since deceased,, payable one' year from the date thereof and mow owned "by the plaintiffs. . .. ■ The cause was submitted to the learned trial…
1Opinion of the Court
Cochrane, J.:
The defense urged against this note is that it lacks consideration in that the original indebtedness represented..by the draft of Wilson, *21Sheffer & .Coonley held by the plaintiffs was not extinguished or paid by said note and that there was no agreement to extend, the time of payment of said draft. The note was concededly given not in payment of the draft but as security therefor, and if the defendant is right in his contention that the time of payment of said draft was not extended, no recovery can be had on this note. Plaintiffs certainly did not agree to extend the time of…
2Cases cited1 opinion
- Milius v. KauffmannAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Title Guarantee & Trust Co. v. PamAppellate Division of the Supreme Court of the State of New York · 1920