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Skinner Engine Co. v. Old Staten Island Dyeing Establishment

58 N.Y. St. Rep. 832 Court N.Y. City Ct. Decision date 1894-04-23 English

Delivered by McCarthy, J.

Contents

Majority

p. 832
Skinner Engine Company, Resp’t, v. Old Staten Island Dyeing Establishment, App’lt.
(New York City Court, General Term,
Filed April 23, 1894.)

Headnote

Bills and notes—Equities between obiginal pasties.
The acceptance of a note in full and complete discharge of an antecedent debt, before maturity and without notice, cuts off all defenses and claims in favor of the maker against the payee.
p. 833
Burrill, ZabriskÁe & Burrill, for app’lt; Ewing, Whiihman & Ewing, for resp’t.

We have examined very carefully the authorities cited by the appellants and think that many of the distinctions drawn, are too fine and not borne out by the evidence in this case. The evidence is clear, and snfficient that the plaintiff accepted this note in suit in full and complete discharge of the antecedent debt and thus became a bona fide holder for value before maturity. This being so, cuts off any defenses or claims which the defendant might have against Bamhurst unless evidence of knowledge or notice thereof to plaintiff is shown. This has not been done and where the evidence is unimpeached and not contradicted, it is the duty of the trial justice to direct a verdict for the plaintiff. These facts in our opinion appear in this case and, finding no error in the rulings, judgment must be affirmed with costs.

All concur.