Bond v. Vandegrift
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action- by Allen Bond against Joseph A. Vandegrift. From an order of the City Court of the City of New York, setting aside a verdict for defendant, and ordering a new trial, he appeals.
1Opinion of the CourtGerard, J.
This action was brought upon a promissory note made by defendant to the order of plaintiff for $739.66. The defendant admitted the making of the note, but set up as a separate defense that the note sued on was a renewal note of a note for $700, given by defendant to plaintiff upon an oral agreement that the defendant should not be liable thereunder, and that the note was executed and given to the plaintiff merely as a receipt or voucher, to show the amount of moneys advanced up to that date by the plaintiff in the promotion of the Equitable Bond & Certification Company, not then in existence,…
2Cases cited2 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Smith v. . DotterweichNew York Court of Appeals · 1911
3Cited by1 opinion
- Rosenthal v. United Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1921