Irving v. Irving
New York Supreme Court
Appeal from special term, New York county. Action by Percival R. Irving and others against Walter Irving on a promissory note. A reference was ordered, and defendant appeals. Affirmed.
1Opinion of the CourtParker, J.
This action is on a promissory note, of which the plaintiffs are the payees, and the defendant the maker. The complaint, in addition to setting up a copy of the note, alleges that the note was made and delivered for value, and that the amount thereof is due from the defendant. The answer contains several separate defenses, the first of which reads: “This defendant denies that the promissory note mentioned in the second paragraph of the complaint was made for value. He alleges that it was without any consideration.” And this is followed with a denial that any sum “is due and owing from the…
2Cases cited2 opinions
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
3Cited by17 opinions
- Snell v. . Niagara Paper MillsNew York Court of Appeals · 1908
- Pash v. WagnerAppellate Terms of the Supreme Court of New York · 1956
- Schaffer v. City Bank Farmers Trust Co.New York Court of Appeals · 1936
- Fisher v. TuttleAppellate Division of the Supreme Court of the State of New York · 1914
- Ames v. FrenchAppellate Division of the Supreme Court of the State of New York · 1903
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