New York Supreme Court, 1811

Stow v. Wadley

Stow v. Wadley
New York Supreme Court · Decided May 15, 1811
8 Johns. 124
Stow v. Wadley

Opinion of the Court

Per Curiam.

The case shows that there was no consideration fo*r the note. Ten Eyck declined to act, and would not receive the parol evidence that the defendant offered. The defendant was not in default, and his default, or a decision of Ten Eyck against him, was a condition precedent to the validity and binding,operation of the note. The verdict ought to be set aside, and a new trial awarded, with costs, to abide the event.

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