Arnold v. Trowbridge
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Benjamin B. Arnold and another against George T. Trowbridge. Judgment was given for plaintiffs, and defendant appeals.
1Opinion of the Court
Sedgwick, O. J.
The question upon the trial was whether the answer contained a defense. The complaint was upon two promissory notes made by the firm, of which the defendant was the survivor. The defendant claimed that the answer made the defense that the plaintiffs had agreed to renew the notes. The answer averred that the defendant’s firm and plaintiffs’ firm made two agreements which it is now assumed were upon consideration and are to be construed together. The first was signed by the members of the defendant’s firm. Its substance was that in consideration of loan made to them by the…
2Cases cited2 opinions
- N.Y. State Loan and Trust Co. v. . HelmerNew York Court of Appeals · 1879
- Pomeroy v. . TannerNew York Court of Appeals · 1877