Ryle v. Harrington
New York Supreme Court
Motion for a new trial. The complaint was on a promissory note made by the defendant Harrington to the defendant Searls, and by him endorsed to the plaintiff.
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Motion for a new trial. The complaint was on a promissory note made by the defendant Harrington to the defendant Searls, and by him endorsed to the plaintiff. In his answer, which was verified, Harrington set up two separate defences:—1. A denial of the making of the note for a valuable consideration, and a denial for want of knowledge, &c., of the endorsement; 2. That .the note was made by him without any consideration ever having been paid for it by Searls or any other party, and for the specific purpose of being deposited with the plaintiff temporarily, and until the defendant Searls…
1Opinion of the CourtRoosevelt, J.
—The defendant Harrington is sued as a maker of a promissory note. In his answer he sets up two defences:— First, he denies that he made the note for a valuable consideration ; second, he says (and in this he shows what he means by consideration) that the note was made for the purpose of being deposited with the plaintiff temporarily, until Searls (the payee and endorser), who had become indebted to the plaintiff for goods sold, should procure and deliver three other notes, which plaintiff had agreed to accept in its stead, as payment for the goods; which three notes, he says, Searls…
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