United States Trust Co. v. Harris
The Superior Court of New York City
This action was tried in October, 1856, before Mr. Justice Duer and a jury. It was commenced by the United States Trust Company of Hew York, as Receiver of the Empire City Bank, against Dennis Harris, as maker of a note for $10,122.50, dated October 31,1854, payable 60 days after its date, to the defendant’s order, and by him indorsed.
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This action was tried in October, 1856, before Mr. Justice Duer and a jury. It was commenced by the United States Trust Company of Hew York, as Receiver of the Empire City Bank, against Dennis Harris, as maker of a note for $10,122.50, dated October 31,1854, payable 60 days after its date, to the defendant’s order, and by him indorsed. The complaint alleged the making, indorsement and delivery of the note, by the defendant, to the Empire City Bank, a banking association under the Act of the 18th of April, 1838, and the Acts amending the same; the non-payment of the note at maturity; that the…
1Opinion of the Court
I. The note in question was given without any good or valu*83able consideration, and is therefore void. The ostensible consideration was a certain amount of the capital stock of the said bank, which the jury have found was entirely worthless when the bargain was made. The capital of the bank was entirely gone. And where the article sold turns out to be of no value, it is not necessary to show it was returned.
II. The defendant entered into the contract, and gave the note, under a misrepresentation of the officers of the bank as to the value of'the stock; and the jury have found that fact, and…
2Cases cited1 opinion
- Fay's Administrators v. RichardsNew York Supreme Court · 1839
3Cited by8 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Yardley v. ClothierU.S. Circuit Court for the District of Eastern Pennsylvania · 1892
- Kennard v. Housing Associates, Inc.New York Supreme Court · 1961
- People v. Waterford & Stillwater Turnpike Co.New York Court of Appeals · 1866
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