Strong v. . Sheffield
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department, entered, upon an order made December 12, 1892, which reversed a judgment in favor of defendant, entered upon a verdict, and also affirmed an order denying a motion for a new trial.' This was an action upon a promissory note. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department, entered, upon an order made December 12, 1892, which reversed a judgment in favor of defendant, entered upon a verdict, and also affirmed an order denying a motion for a new trial.' This was an action upon a promissory note. The facts, so far as material, are stated in the opinion. The motions for dismissal of the complaint were properly denied and the questions of fact were properly submitted hy the trial justice to the jury. (1 Pars. on Cont. 245, 440; King v. Upton, 8 Greenl. 387; Elting v.…
1Opinion of the Court
Andrews, Oh. J.
The contract between a maker or indorser of a promissory note and the payee forms no exception to the general rule that a promise, not supported by a consideration, is nudxvm paobum. The law governing commercial paper which precludes an inquiry into the consideration as against tona fide holders for value before maturity, has no application where the suit is between the original parties to the instrument. It is undisputed that the demand note upon which the action was brought was made by the husband of the defendant and indorsed by her at his request and delivered to the…
2Cases cited2 opinions
- Merritt v. . ToddNew York Court of Appeals · 1861
- Calkins v. ChandlerMichigan Supreme Court · 1877
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- Capital City Bank v. BakerCourt of Appeals of Tennessee · 1969
- Sun Forest Corp. v. ShviliDistrict Court, S.D. New York · 2001
- Taylor v. Blaylock & Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 1997
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