Quaker Oats Co. v. North
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, first district, rendered July 5,1917, in favor of plaintiff for $824.06 damages and costs, after a trial by the court without a jury.
1Opinion of the CourtBenedict, J.
This is an action for $492.56 on a written agreement to assume the payment of a note of a corporation. The answer denied- in part the allegations of the complaint and set up as defenses want of consideration, the Statute of Frauds, and the Statute of Limitations.
In January, 1910, North Brothers, a corporation, of which defendant was treasurer, was indebted to plaintiff on a promissory note for $592.56, dated June 28, 1909, and payable on demand. The plaintiff was, and for some time had been, pressing for payment, although it had not threatened suit. On January 12, 1910, defendant wrote a…
2Cases cited6 opinions
- Barney v. . ForbesNew York Court of Appeals · 1890
- Coe v. . ToughNew York Court of Appeals · 1889
- Shaw v. LambertAppellate Division of the Supreme Court of the State of New York · 1897
- Blumm v. GilbertAppellate Division of the Supreme Court of the State of New York · 1900
- Union National Bank v. LearyAppellate Division of the Supreme Court of the State of New York · 1904
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