Higgins v. . Ridgway
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered November 19, 1895, which affirmed a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered November 19, 1895, which affirmed a judgment in favor of defendant entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence was not sufficient to submit to the jury the question whether an agreement had been made between the defendant and the president of the bank that the defendant would not be held liable upon the note, and the plaintiff’s motion, at the close…
1Opinion of the CourtMartin, J.
This action was brought by the plaintiff, as receiver of the 27orth Eiver Bank, upon a promissory note, dated October 31,1890, whereby the defendant promised to pay to the order of himself fourteen thousand two hundred and fifty dollars at the 27orth Eiver Bank. The note was indorsed by the defendant and delivered to the president of the bank at which it was payable.
The defendant interposed an answer denying that the note was delivered for value, or that there was any amount due thereon. As a further defense, he alleged that it was without consideration, made for the accommodation of the…
2Cases cited4 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Bookstaver v. . JayneNew York Court of Appeals · 1875
- Garfield National Bank v. ColwellNew York Supreme Court · 1890
- Seymour v. CowingNew York Court of Appeals · 1864
3Cited by82 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Mount Vernon Trust Co. v. BergoffNew York Court of Appeals · 1936
- Grannis v. . StevensNew York Court of Appeals · 1916
- Megowan v. . PetersonNew York Court of Appeals · 1902
- State Bank of Moore v. ForsythMontana Supreme Court · 1910
77 more not listed; retrieve them via the Exa API.