O'Rourke v. Hanchett — 96 N.Y. Sup. Ct. 611

Majority

p. 611

Patrick C. O’Rourke, Appellant, v. Margaretha Hanchett, Respondent.

Headnote

Exceptions overruled and judgment ordered upon verdict, with costs.

Although the record in this case contains no evidence of an absolute promise to pay, yet if it did, it not appearing that such promise was made with full knowledge of the fact that the defendant had not been charged as indorser, it would he insufficient to create a liability. (Myer v. Hibsher, 47 N. Y. 265 .) The rule laid down in that case is as follows: “A promise, to work a waiver, mustbe made with full knowledge of all the facts.” The exceptions should be overruled and judgment ordered upon the verdict with costs.

Present — Van Brunt, P. J., O’Brien and Parker, JJ.

Cases cited

Meyer v. Hibsher 47 N. Y. 265 N.Y. 1872-01-23 p. 611