Maier v. Homan
New York Court of Common Pleas
Appeal by plaintiff from a judgment of this- court entered upon a verdict at trial term; also, appeal from order denying plaintiff’s motion for a new trial. The action was brought upon a promissory note for $500, dated July 1st, 1867, at six months, made by defendant Homan, and indorsed by defendant Wernz.
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Appeal by plaintiff from a judgment of this- court entered upon a verdict at trial term; also, appeal from order denying plaintiff’s motion for a new trial. The action was brought upon a promissory note for $500, dated July 1st, 1867, at six months, made by defendant Homan, and indorsed by defendant Wernz. The answer alleged that this note and another of like amount were given by defendant Homan upon the purchase by him of the interest of the plaintiff in the copartnership formerly existing between them; that the plaintiff, as part consideration of the notes, agreed that he would not engage…
1Opinion of the CourtLabremore, J.
—It appears, by positive testimony, that the *169property of the copartnership, at the time of its dissolution, was worth the sum of $2,000, independent of the alleged exclusive right to carry on the business of the firm. It cannot be pretended that Homan did not receive an equivalent in property for the amount of the notes given in payment.
There was no such evidence of fraud or. wilful misrepresentation as would justify the finding of the jury in this case. Nor does it appear that the notes were given upon the faith of an agreement that the plaintiff would not engage in the same business in the…
2Cases cited1 opinion
- Chappel v. BrockwayNew York Supreme Court · 1839
3Cited by18 opinions
- Picard v. LangAppellate Division of the Supreme Court of the State of New York · 1896
- People v. RayAppellate Division of the Supreme Court of the State of New York · 1899
- Clark v. Mechanics' National BankNew York Court of Common Pleas · 1882
- Cumber v. SchoenfeldNew York Court of Common Pleas · 1891
- Yale v. DartNew York Court of Common Pleas · 1891
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