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10 Misc. 792

Wallace v. Kaempf

City of New York Municipal Court · decided 1894-07-01

<p>Appeal from judgment dismissing complaint.</p>

Decided 1894-07-01

Fitzsimons, J.

¶1The complaint was rightfully dismissed.

¶2There 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.

¶3The judgment must,.therefore, be affirmed, with costs.

¶4Van Wyck, J., concurs.

¶5Judgment affirmed, with costs.

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