Harloe v. . Foster
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants, entered upon the decision of the court upon trial at circuit without a jury, and granting a new trial. This action was brought to recover the amount paid by plain • tiff upon a promissory note executed by him to defendants. The facts sufficiently appear in the opinion..
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants, entered upon the decision of the court upon trial at circuit without a jury, and granting a new trial. This action was brought to recover the amount paid by plain • tiff upon a promissory note executed by him to defendants. The facts sufficiently appear in the opinion.. Defendants are estopped by release to plaintiff from denying that they held or owned the note . (Herman on Estoppel, §§ 249, 323; Welland Canal v. Hathaway, 8 Wend., 480.) In a composition…
1Opinion of the CourtRapallo, J.
The defendants united with the other creditors of Harloe in releasing him from his debts for a nominal consideration. The composition deed recited that Harloe was indebted to his several creditors in the sums set opposite to their respective names, and that the creditors agreed with him and with each other to accept one dollar in full discharge of their respective claims, and contained the lisual words of release. The defendants signed this deed and placed opposite to their signature the sum of $1,156.18, which was composed of the $500 note in question and a book debt of $656.18. By so doing…
2Cited by6 opinions
- Metcalf v. Morse Ironworks & Dry Dock Co.Appellate Terms of the Supreme Court of New York · 1903
- American Bank Note Co. v. New York Elevated R. R.New York Court of Appeals · 1891
- Gross v. Louis Metzger & Co.City of New York Municipal Court · 1915
- Mehr v. StarrAppellate Terms of the Supreme Court of New York · 1912
- Warshawsky v. BonewurAppellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.