Farmers' and Citizens' Bank v. . Sherman
New York Court of Appeals
Appeal- from judgment of New York Superior Court. The action was commenced in November, 1857. It was brought against the defendant as the maker of a note, dated 5th July, 1854, for the sum of $1,980, payable sixty days after its date, to the order of Thompson, Skillman & Co., and by them indorsed.
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Appeal- from judgment of New York Superior Court. The action was commenced in November, 1857. It was brought against the defendant as the maker of a note, dated 5th July, 1854, for the sum of $1,980, payable sixty days after its date, to the order of Thompson, Skillman & Co., and by them indorsed. The defense set up in the answer was, that the note was made without consideration to accommodate one Ralph Pomeroy, and that after it becamfe due and payable, it was fully paid and satisfied to the said plaintiffs by the said Ralph Pomeroy, before the commencement of this suit. The cause was tried…
1Opinion of the CourtWright, J.
The answer set up as a defense, that the note on which the action was brought, was made by the defendant, without consideration, to accommodate one Ralph Pomeroy, and that after it became due and payable, and before the commencement of the action, it wras fully paid and satisfied. to the plaintiffs by Pomeroy.. The defense, then, was payment.
To sustain it, the defendant was allowed to prove, in substance, these facts: The note was made for the accommodation of Ralph Pomeroy, who was one of the firm of Thompson, Skillman & Co., the payees named in it, and was by him .transferred to the…
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