Seymour v. Cowing
New York Court of Appeals
Erastus B. Seymour and William Wells sued Harrison 0. Cowing, George Benson, J. Shedr Buell and James M. Willard, in the Buffalo superior court, to recover on two promissory notes made by the defendant, Harrison 0. Cowing, to George Benson, and indorsed by him to the defendants Buell & Willard (who were partners in business, in Buffalo), from whom they passed by subsequent indorsements to the plaintiffs.
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Erastus B. Seymour and William Wells sued Harrison 0. Cowing, George Benson, J. Shedr Buell and James M. Willard, in the Buffalo superior court, to recover on two promissory notes made by the defendant, Harrison 0. Cowing, to George Benson, and indorsed by him to the defendants Buell & Willard (who were partners in business, in Buffalo), from whom they passed by subsequent indorsements to the plaintiffs. The answers alleged that the notes were accommodation notes, made to Benson, with the agreement that the said notes (together with two others, made at the same time), should be used only to…
1Opinion of the Court
Mulliít, J
The only question on the trial, and the only one before us for decision, is whether Oowen received the notes of Benson in exchange for the four notes delivered by him to Benson. If he did, the direction at the trial was right. If he did not—if they wére received merely as memoranda of the date, amount and time of payment of the notes delivered by Cowing, then there was no exchange, and consequently no consideration for the notes m suit.
There was no conflicting evidence in regard to the arrangement concerning the notes, and the court was right, therefore, in ordering a verdict. If…
2Cases cited4 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Arnold v. PatrickNew York Court of Chancery · 1837
- Cobb v. . TitusNew York Court of Appeals · 1854
- Miller v. GambieNew York Supreme Court · 1848
3Cited by6 opinions
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Schmittler v. . SimonNew York Court of Appeals · 1889
- Washington Savings Bank v. FergusonAppellate Division of the Supreme Court of the State of New York · 1899
- David v. Williamsburg City Fire InsuranceNew York City Court · 1879
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893
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