Wallace v. Kaempf

City of New York Municipal Court

Wallace v. Kaempf

10 Misc. 792

DecidedJuly 1, 1894

StatusPublished

This text of 10 Misc. 792 (Wallace v. Kaempf) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wallace v. Kaempf, 10 Misc. 792 (N.Y. Super. Ct. 1894).

Pincite

Opinion

Fitzsimons, J.

The complaint was rightfully dismissed.

There is nothing in the evidence submitted showing that plaintiffs parted with any security or claim which they held against Bartz in consideration of the note in suit, or that they even extended the term of credit; in fact, it seems that they parted with nothing of value, therefore, the note sued upon is void for the want of consideration.

The judgment must,.therefore, be affirmed, with costs.

Van Wyck, J., concurs.

Judgment affirmed, with costs.

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Fitzsimons, J.

The complaint was rightfully dismissed.

There is nothing in the evidence submitted showing that plaintiffs parted with any security or claim which they held against Bartz in consideration of the note in suit, or that they even extended the term of credit; in fact, it seems that they parted with nothing of value, therefore, the note sued upon is void for the want of consideration.

The judgment must,.therefore, be affirmed, with costs.

Van Wyck, J., concurs.

Judgment affirmed, with costs.

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Bluebook (online)

10 Misc. 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-kaempf-nynyccityct-1894.