Waterbury v. Sinclair
New York Supreme Court
Demurrer to complaint. The plaintiff was the payee of a negotiable promissory note, which the defendant Ann Sinclair, when unmarried, had indorsed before its delivery to the plaintiff, in order to induce him to accept it.
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Demurrer to complaint. The plaintiff was the payee of a negotiable promissory note, which the defendant Ann Sinclair, when unmarried, had indorsed before its delivery to the plaintiff, in order to induce him to accept it. The complaint was as follows : “That on November 9, 1855, the defendant George Dick was justly indebted to this plaintiff in the sum of three hundred and eight dollars and forty-two cents, for rent of certain premises in the city of Brooklyn, before that time let and rented to said defendant Dick by this plaintiff; and for a certain promissory note made by said Dick, and…
1Opinion of the CourtS. B. Strong, J.
This is an action on a promissory note by the payee against the maker and an indorser, who was a feme sole when she indorsed the note, but has since married, and her husband. The note was payable to the plaintiff, or his order, three months after its date. It was partly for a debt from the maker to the payee existing at the time, and partly for prospective rent, and was made and indorsed pursuant to an arrangement between the maker and the payee to extend the time for the payment of the debt, and to permit the continued occupancy of the demised premises, which was known to the indorser. It *27was…
2Cases cited4 opinions
- Herrick v. CarmanNew York Supreme Court · 1815
- Ellis v. BrownNew York Supreme Court · 1849
- Willis v. GreenNew York Supreme Court · 1833
- Gilmore v. SpiesNew York Supreme Court · 1847