City of New York Municipal Court, 1894

Wallace v. Kaempf

Wallace v. Kaempf
City of New York Municipal Court · Decided December 17, 1894 · Fitzsimons
31 N.Y.S. 1134; 64 N.Y. St. Rep. 883 (New York Supplement)

Counsel

George W. Wallace, for appellant., Hahn, Myers & Bronner, for respondent.

Wallace v. Kaempf

Opinion of the Court

FITZSIMONS, J.

The complaint was rightfully dismissed. There is nothing in the evidence submitted showing that plaintiff parted with any security or *1135claim which they held against Bartz in consideration of the note in suit, or that they even extended the term of credit,β€”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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.