Adams v. . Adams
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 14,1881, which reversed a judgment in favor of defendant, entered on decision of the court on trial without a jury. (Reported below, 24 Hun, 401.) This action was brought upon a promissory note dated 29th January, 1866, for $1,000, executed and delivered by the defendant to Job Gardner, and by the latter transferred to the plaintiff.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 14,1881, which reversed a judgment in favor of defendant, entered on decision of the court on trial without a jury. (Reported below, 24 Hun, 401.) This action was brought upon a promissory note dated 29th January, 1866, for $1,000, executed and delivered by the defendant to Job Gardner, and by the latter transferred to the plaintiff. The note was made under the following circumstances : The parties to this action intermarried in February, 1863, and lived together as husband and wife until…
1Opinion of the CourtPapadlo, J.
On the trial the defendant waives] all the defenses set up in his answer, except that of want of consideration for the note in suit, and that the contract of which it was a part was against public policy, and .void. Consequently no other points are before us on this appeal.
We think the consideration for the note was ample. The plaintiff had instituted an action against the defendant for divorce a vinculo, on the ground of adultery, and had examined one witness conditionally, who had testified to the acts charged. She was in a condition to apply to the court for alimony and counsel fees, and…
2Cited by31 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Young v. CockmanCourt of Appeals of Maryland · 1943
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- Moayon v. MoayonCourt of Appeals of Kentucky · 1903
- Rodgers v. . RodgersNew York Court of Appeals · 1920
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