Yale v. Dart
New York Court of Common Pleas
Appeal from city court, general term. Action by Edward P. Yale and others against Henry 0. Dart and others. From a judgment of the general term of the city court (17 FT. Y. Supp. 179) affirming a judgment of the special term for plaintiffs, entered on the verdict
1Opinion of the Court
Daly, 0. J.
The action was brought upon a draft drawn by one C. A. Smith upon the defendants, by their firm name of H. C. Dart & Co., to the order of the plaintiffs, by their firm name of Yale, Bryan & Co., at 30 days, for $230, and dated October 4, 1887. It was accepted by the drawees, who set up as one defense that their acceptance was without consideration, and made solely for plaintiffs’ accommodation, and upon the express agreement that it should be protected by plaintiffs. It appeared upon the trial that the plaintiffs received the draft from the maker, Smith, as collateral security for…
2Cases cited7 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
- Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
- Benjamin v. . RogersNew York Court of Appeals · 1891
- Tinsdale v. MurrayNew York Court of Common Pleas · 1881
- Prentiss v. GravesNew York Supreme Court · 1860
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