Rogers v. . Squires
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made January 24, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. (Hem. of decision be-26 J This action was brought upon eight promissory notes exe^ cuted by defendant to his father, D. 0. Squires, who died intestate.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made January 24, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. (Hem. of decision be-26 J This action was brought upon eight promissory notes exe^ cuted by defendant to his father, D. 0. Squires, who died intestate. Jerome Squires, another son, was appointed administrator of the estate, and the notes, as part of the assets, came into his hands. He indorsed and transferred them to the original plaintiffs herein,.who were sureties upon his…
1Opinion of the CourtFinch, J.
There was no error in the refusal to admit evidence of the use to which the defendant applied the money which formed the consideration of the notes in suit. FTo defense upon this branch of the case existed which could make that use material. The letter of defendant’s father furnished no foundation for any agreement invalidating the notes; and the other evidence of the declarations of the intestate indicated only that, while he considered the notes valid obligations, he did not intend to enforce them. The deceased, perhaps, meant to give the debt to his son, and discharge it as an act of…
2Cases cited1 opinion
- Field v. SchieffelinNew York Court of Chancery · 1823
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- Proctor v. ColeIndiana Supreme Court · 1885
- First Nat. Bank of Houston v. WeinerCourt of Appeals of Texas · 1923
- English Transcontinental, Ltd. v. Puebla Tramway, Light & Power Co.New York Supreme Court · 1946
- In re KamhiNew York Surrogate's Court · 1933
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