Bossange v. Ross
New York Supreme Court
THIS was an action brought by Bossange against Charles Boss and Elisha Fitzgerald, the appellants, and one Isaac Detheridge, who made no defepse, to recover the amount of a promissory note, signed by Charles Boss, payable to Elisha Fitzgerald, and indorsed by him and also by Isaac Detheridge. The note was made by Boss and indorsed by Fitzgerald for the accommodation of Isaac Detheridge. The note was for $650, for three months, and representing value received.
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THIS was an action brought by Bossange against Charles Boss and Elisha Fitzgerald, the appellants, and one Isaac Detheridge, who made no defepse, to recover the amount of a promissory note, signed by Charles Boss, payable to Elisha Fitzgerald, and indorsed by him and also by Isaac Detheridge. The note was made by Boss and indorsed by Fitzgerald for the accommodation of Isaac Detheridge. The note was for $650, for three months, and representing value received. About two weeks after its date, Detheridge sold the same to the plaintiff for $600. He made no disclosure as to the consideration of…
1Opinion of the Court
By the Court, Eoosevelt, J.
The note sued on, although purporting as usual, on its face, to be for value received, was in fact accommodation paper. And the question is, if such paper be bought bona fide for a gross sum, but which sum on calculation gives, and is known to give, more than seven per cent, can a recovery be had for the amount actually paid, with lawful interest, as against all the parties to the note, where there has been no fraud or false representation, by certificate or otherwise ?
On the trial the counsel for the defendants “ excepted to that portion of the charge of the judge,…
2Cases cited1 opinion
- Hall v. WilsonNew York Supreme Court · 1853
3Cited by6 opinions
- German Bank v. DeShonSupreme Court of Arkansas · 1883
- Dickerman v. DaySupreme Court of Iowa · 1871
- Campbell v. Nichols & TompkinsSupreme Court of New Jersey · 1868
- Baily v. SmithOhio Supreme Court · 1863
- Cleaden v. WebbSuperior Court of Delaware · 1873
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