Benjamin v. Arnold
New York Supreme Court
Appeal by defendants Shults, Shaver and Snell, from a judgment in favor of plaintiff, entered upon the verdict of a jury and from an order denying a new trial. The action was brought in Steuben county by Phebe Benjamin against Lyman Arnold and others, upon a promissory note reading as follows: “ $1,000. One year from date, for value received, we, or either of us, promise to pay Phebe Benjamin, or bearer, one thousand dollars, with interest.
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Appeal by defendants Shults, Shaver and Snell, from a judgment in favor of plaintiff, entered upon the verdict of a jury and from an order denying a new trial. The action was brought in Steuben county by Phebe Benjamin against Lyman Arnold and others, upon a promissory note reading as follows: “ $1,000. One year from date, for value received, we, or either of us, promise to pay Phebe Benjamin, or bearer, one thousand dollars, with interest. “Lyman Arnold, “Charles M. Sheets, “ Hiram Shaver, “ George W. Snell.” The defendants, Shults, Shaver and Snell, set up as a defense “that the'note was…
1Opinion of the CourtGilbert, J.
Upon a consideration of the authorities in this country, and in England, it must be regarded as still an open question whether the evidence offered and rejected in this case was not admissible. See 1 Pars, on Rotes and Bills, ch. 7, § 2. At first blush, the reception of such evidence would not seem to contradict the contract created by the note, which is nothing more than an absolute promise to pay a sum of money, but to lay the foundation of a defense resting on equitable rules, wholly independent of the forinal contract. But as this.court, in the third department, in a recent case (Campbell…
2Cases cited1 opinion
- Campbell v. TateNew York Supreme Court · 1872