Norris v. Tiffany
New York Court of Common Pleas
Appeal from city court, general term. Action by William M. Norris against Walton C. Tiffany. From a judgment of the general term of the city court affirming a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
In an action by the payee against the maker of a promissory note the only defense pleaded is a want of consideration; but upon the defendant’s own evidence the quid pro quo is obvious and abundant He introduced an agreement under seal between himself and the plaintiff, whereby, in consideration of the sale to him of plaintiff’s interest in their copartnership, he covenanted to pay plaintiff $5,900 and to save him harmless from the firm debts and liabilities; and whereby, on his part, plaintiff covenanted to transfer his interest in the copartnership to the defendant, and took upon himself…
2Cases cited3 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
- Campbell Printing Press & Manufacturing Co. v. WalkerNew York Court of Appeals · 1889
3Cited by2 opinions
- Barrett v. MinerNew York Supreme Court · 1922
- American Boiler Co. v. FouthamNew York Supreme Court · 1898