Underhill v. Phillips

New York Supreme Court

Underhill v. Phillips

17 N.Y. Sup. Ct. 591

DecidedMay 15, 1877

StatusPublished

This text of 17 N.Y. Sup. Ct. 591 (Underhill v. Phillips) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Underhill v. Phillips, 17 N.Y. Sup. Ct. 591 (N.Y. Super. Ct. 1877).

Pincite

Opinion

Gilbert, J.:

The instrument set forth in the complaint is a negotiable promissory note. (1B. S., 168, § 1.) In this State such a note imports a consideration. A description of the instrument is sufficient, without an averment of the consideration. No consideration need be proved on the trial, and none, therefore, need be alleged in the complaint. The omission of the words “ for value received ” in the note, is not material. (1 Chitty’s PL, 293, n. 1; Kimball v. Huntington, 10 Wend., 675.)

The demurrer was properly overruled. Order affirmed, with costs'.

Present — Barnard, P. J., Gilbert and Dtktvtan, JJ.

Order overruling demurrer affirmed, with costs.

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