Commercial Bank of Rochester v. . Spencer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, striking out the second and third defense, in the answer of defendant Burrall Spencer, as sham, and directing judgment upon the first and fourth defenses, as frivolous. The action was upon a promissory note indorsed by said defendant, Spencer. The defenses set forth in the answer so far as material appear in the opinion.
1Per curiam
The second defense in the answer substantially is, that the bank, when the note sued upon was given, held two promissory notes for $5,000 each made by The Rochester Iron Company, upon which the defendants were indorsers, and for a valuable consideration agreed to extend the payment of the debt of the company so long as the defendants should desire or request, upon their giving the note described in the complaint, and renewing it at maturity, and that on such renewal, it would surrender the note to the defendants ; that the note in question was given upon this agreement, and when it fell duo…
2Cases cited1 opinion
- Briggs v. . BergenNew York Court of Appeals · 1861
3Cited by3 opinions
- Albany County Bank v. RiderNew York Supreme Court · 1893
- First National Bank v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1896
- Frey v. SylvesterNew York Supreme Court · 1898