Hanover National Bank v. Blake
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 21,1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court, and also affirmed an order denying a motion for a new trial. The action is brought by the payee of a promissory note against the indorser.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 21,1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court, and also affirmed an order denying a motion for a new trial. The action is brought by the payee of a promissory note against the indorser. The facts were not in dispute and were stated by the General Term, as follows: Frederick D. Blake and Charles "Waterman were partners engaged in thé dry goods business under the firm name of F. D. Blake & Co. They were…
1Opinion of the CourtGray, J.
In the General Term opinion the question of law was stated thus: “ Did the secret agreement, by which Mrs. Blake indorsed the first two notes, invalidate the whole composition agreement, so that notes given in pursuance of its terms are not enforcible by the plaintiff ? ” The learned justices, finding no controlling authority in this state, determined the question adversely to the plaintiff and upon the ground, in substance, that, as the agreement was fraudulent, the fraud permeated and vitiated the whole composition agreement and disabled the creditor from recovering anything’; under it. In…
2Cases cited6 opinions
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- Bliss v. . MattesonNew York Court of Appeals · 1871
- Solinger v. . EarleNew York Court of Appeals · 1880
- White v. . KuntzNew York Court of Appeals · 1887
- Fellows v. StevensNew York Supreme Court · 1840
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- Klaw v. Famous Players-Lasky Corp.Appellate Division of the Supreme Court of the State of New York · 1923
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