Smith v. Sergent
New York Supreme Court
THIS case comes before the court on exceptions ordered to be heard in the first instance at General Term. Thé action was tried before the court and a jury, and a verdict was rendered in favor of the defendant on his counter claim set up in the pleadings. The plaintiff claimed to recover on a promissory note for $500, dated December 1st, 1867, made by the defendant, and payable to Henry J. Corbin, the plaintiff’s testator, on demand with interest.
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THIS case comes before the court on exceptions ordered to be heard in the first instance at General Term. Thé action was tried before the court and a jury, and a verdict was rendered in favor of the defendant on his counter claim set up in the pleadings. The plaintiff claimed to recover on a promissory note for $500, dated December 1st, 1867, made by the defendant, and payable to Henry J. Corbin, the plaintiff’s testator, on demand with interest. The consideration of the note, as expressed therein, was the purchase by the defendant from Corbin of his “ stock, farming and dairy tools.” Corbin…
1Opinion of the Court
By the Court, Bockes, J.
The case was unquestionably for the jury on the proof, as there was much evidence bearing on the issues, proper for their consideration. If true, as matter of fact, that the note in suit was given by Corbin to his daughter, the defendant’s wife, and was actually delivered to her, and retained by her as her own property, the plaintiff had no right of action upon it, as he made no pretence of title to the note through her; and, moreover, if after the gift, a new note was made and delivered by the defendant to his wife at the request of her father, to supersede and take…
2Cases cited3 opinions
- Smith v. WebbNew York Supreme Court · 1847
- Booth v. . SwezeyNew York Court of Appeals · 1853
- Waring v. WarrenNew York Supreme Court · 1806
3Cited by2 opinions
- Hurliman v. SeckendorfNew York City Court · 1894
- Phfee v. DaleAppellate Terms of the Supreme Court of New York · 1910