Murphy v. Keyes
The Superior Court of New York City
The action was brought against James F, Keyes, as maker, and against Christopher Keyes, as indorser of a promissory note held by plaintiffs.
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The action was brought against James F, Keyes, as maker, and against Christopher Keyes, as indorser of a promissory note held by plaintiffs. The defendant James F. Keyes, by answer, denied being indebted to the plaintiffs for or on account of the cause of action alleged in the complaint, and byway of separate defense pleaded : “ That the note, set forth in said complaint, was made and given to the plaintiffs by this defendant at their special instance and request, and for their special accommodation, and that the said plaintiffs, never, at any time, paid or gave this defendant any value…
1Opinion of the Court
By the Court.—Freedman, J.
If the evidence given on the part of the defense had simply showed that the appellant made the note in question for the accommodation and general benefit of his father, Christopher Keyes, that it was delivered to the latter without restrictions as to the manner of its use, and that thereupon the latter indorsed and delivered it to the plaintiffs, the appellant was clearly liable on it, though he had. received no consideration for making it (Schepp v. Carpenter, 51 N. Y. 602, affirming S. C., 49 Barb. 542; Cole v. Saulpaugh, 48 Barb. 104). But the evidence went beyond…
2Cases cited3 opinions
- Schepp v. . CarpenterNew York Court of Appeals · 1873
- Schepp v. CarpenterNew York Supreme Court · 1867
- Cole v. SaulpaughNew York Supreme Court · 1865