Great Western Insurance v. Thayer
New York Supreme Court
MOTI03ST for judgment on a verdict taken subject to the opinion of the court at general term. The action was to recover the amount of a promissory note for $1250, at three months from date, made by the defendants December 31, 1866, to the order of the Washington Marine Insurance Company, and. by the payee indorsed to the plaintiff.
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MOTI03ST for judgment on a verdict taken subject to the opinion of the court at general term. The action was to recover the amount of a promissory note for $1250, at three months from date, made by the defendants December 31, 1866, to the order of the Washington Marine Insurance Company, and. by the payee indorsed to the plaintiff. Defense: that the note was given without consideration, for the accommodation of the payee, upon an agreement that it was not to be used, nor the defendants liable upon it, except for the amount of premiums for such insurance as the defendants should procure from…
1Opinion of the Court
By the Court, Cardozo, J".
The pleadings in this case raised no question of the ownership of the note by the plaintiffs. The allegations in respect to that subject, in the complaint, are not denied in the answer, and the defendants have not set up anything in their answer to impeach the plaintiff’s title.
The only question, therefore, for us to consider is, whether the defendants can avail themselves of any equities to which the note might have been subject had it remained in the hands of the Washington Marine Insurance Company. That question, it seems to me, is answered in the *640negative by the…
2Cases cited1 opinion
- Howland & Aspinwall v. MyerNew York Court of Appeals · 1850