Benedict v. . Cowden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon a verdict. The action was brought upon a promissory note; defence, a material alteration of the note. Defendant was applied to to become agent for “ George H. Palmer’s Bake and Tedder.”
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon a verdict. The action was brought upon a promissory note; defence, a material alteration of the note. Defendant was applied to to become agent for “ George H. Palmer’s Bake and Tedder.” He consented, and it was agreed that he should sign a note for $200, with a contract in it that the note should be paid out of the profits of the machines when sold. A note was presented for $200 and interest, payable to George 1ST. Palmer, or bearer, one year…
1Opinion of the CourtAllen, J.
Unless concluded by the decisions of the courts of this State to the contrary, we shall be constrained by authority, as well as in the application of well established principles, to regard the memorandum at the foot of the note as a substantive part of the note itself, and with the note constituting a single contract. The evidence clearly establishes, and the jury have found that the memorandum was written at the foot of the note before the signature was made, and was on the note at the time of its delivery to the payees, and was in conformity with the understanding of the parties, the note…
2Cases cited5 opinions
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- Mitchell v. CulverNew York Supreme Court · 1827
- Jackson ex rel. Pionier v. SchauberNew York Supreme Court · 1825
- Dewey v. ReedNew York Supreme Court · 1863
3Cited by49 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Redlich v. . DollNew York Court of Appeals · 1873
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
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