Witt v. Davis — 232 N.Y. 588

Majority

p. 588

Herman Witt, as Trustee in Bankruptcy of Edward G. Dann Corporation, Respondent, v. Eugene Davis, Appellant.

Headnote

Bills, notes and checks — action on promissory note — defense of failure of consideration.

(Submitted. December 14, 1921;

decided January 10, 1922.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1920, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. Plaintiff.as the trustee in bankruptcy of the Edward G. Dann Corporation brought this suit against the defendant to recover upon a promissory note which is as follows:

“ $3500.00 • New York, March 2, 1916.

“ Three months after date I promise to pay to the order of Edward G. Dann Corporation Three Thousand Five Hundred Dollars at Coal & Iron National Bank, N. Y. City. Value received.

“ EUGENE DAVIS.”

Bearing the indorsement,

“ Edward G. Dann Corporation,

“ Edward G. Dann,

“President.”

p. 589

The defense was that the note had been executed and delivered without consideration and solely for the accommodation of the Dann Corporation.

Charles Capron Marsh for appellant.

George G. Ernst for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion. . .

Concur: His cock, Ch. J., Hogan, Cardozo, Pound,. McLaughlin, Crane and Andrews, JJ.