Metropolitan Printing Co. v. Springer

Appellate Terms of the Supreme Court of New York

Metropolitan Printing Co. v. Springer

90 N.Y.S. 376

Appellate Terms of the Supreme Court of New York·Decided November 10, 1904·Published

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.

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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.

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

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90 N.Y.S. 376 (Metropolitan Printing Co. v. Springer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.