Deyo v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles L. Thompson, as executor, etc., of Charles E. Thompson, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 17th day of January, 1900, upon the report of a referee.
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Appeal by the defendant, Charles L. Thompson, as executor, etc., of Charles E. Thompson, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 17th day of January, 1900, upon the report of a referee. The action was brought to recover the amount of a note, of which the following is a copy : “ $300. St. Remy, Ulster County, N. Y., “ May 7, 1898. “ On demand I promise to pay Helen Deyo three hundred dollars. “C. E. THOMPSON.”
1Opinion of the Court
Merwin, J.:
The contest in this case was over the question whether there was a consideration for the note. The referee finds that the note was made and delivered to plaintiff by Charles E. Thompson in consideration of and in payment for services previously rendered by plaintiff for him and at his request, and was in addition to any sums that had been previously paid by him to plaintiff for the same.
Upon the trial the plaintiff presented the note, proved its execution, put it in evidence and then rested. The defendant moved for a dismissal of the complaint upon the ground, among others, that no…
2Cases cited2 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Whitaker v. . WhitakerNew York Court of Appeals · 1873
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- Spear v. Associated Producing & Refining Corp.New York Supreme Court · 1923
- St. Lawrence County National Bank v. WatkinsNew York Supreme Court · 1912
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