Metropolitan Printing Co. v. Springer

Appellate Terms of the Supreme Court of New York

Metropolitan Printing Co. v. Springer

90 N.Y.S. 376

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 10, 1904

StatusPublished

This text of 90 N.Y.S. 376 (Metropolitan Printing Co. v. Springer) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Metropolitan Printing Co. v. Springer, 90 N.Y.S. 376 (N.Y. Ct. App. 1904).

Pincite

Opinion

BISCHOFF, J.

The check in suit was obviously drawn by the defendant to the plaintiff’s order for the accommodation of his (defendant’s) son, by whom it was delivered to the plaintiff for a valuable consideration—the extending of further credit to the son for new goods upon application of the check to his then indebtedness. The defendant’s testimony, supplemented by that of his son, clearly shows that this was an accommodation check, and the defense that no consideration passed to the drawer is not open to him in an action by a bona fide holder of such a check. Harbeck v. Craft, 4 Duer, 122; Laws 1897, p. 728, c. 612, § 55. Any question as to the plaintiff’s performance of its- agreement with the son is concluded by the justice’s finding of the facts favorable to the plaintiff upon credible evidence.

Judgment affirmed, with costs. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BISCHOFF, J.

The check in suit was obviously drawn by the defendant to the plaintiff’s order for the accommodation of his (defendant’s) son, by whom it was delivered to the plaintiff for a valuable consideration—the extending of further credit to the son for new goods upon application of the check to his then indebtedness. The defendant’s testimony, supplemented by that of his son, clearly shows that this was an accommodation check, and the defense that no consideration passed to the drawer is not open to him in an action by a bona fide holder of such a check. Harbeck v. Craft, 4 Duer, 122; Laws 1897, p. 728, c. 612, § 55. Any question as to the plaintiff’s performance of its- agreement with the son is concluded by the justice’s finding of the facts favorable to the plaintiff upon credible evidence.

Judgment affirmed, with costs. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

90 N.Y.S. 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-printing-co-v-springer-nyappterm-1904.