Wenalden Co. v. Emery

Headnote

Pirie v. Emery, 153 App. Div. 899 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 10,1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover upon a promissory note. The defense was that delivery of the note in suit was conditional; that plaintiff had agreed to make a loan to one Devlin in the sum of $65,000, and that it was agreed between the parties hereto that the note in suit should be of no force and effect unless and

until such loan was made; that plaintiff upon receipt of said note from defendant refused to make such loan; that the consideration for the note wholly failed; and that thereupon the agreement between plaintiff and defendant was rescinded and canceled.