Stack v. Weatherwax

5 N.Y.S. 510, 1 Silv. Sup. 548, 24 N.Y. St. Rep. 90, 52 Hun 615, 1889 N.Y. Misc. LEXIS 2488

Opinion

Per Curiam.

There was no sufficient evidence of duress to go to the jury. The defense of want of consideration was not sustained. Contemporarily with the execution of the note, the plaintiff executed, acknowledged, and left for the defendant a satisfaction piece of the judgment recovered by the plaintiff against Van Loon. Whether Van Loon was solvent or not at that time, this was a consideration, if the parties so agreed, for the defendant’s note. Judgment affirmed, with costs