122 N.Y.S. 239
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 1910
Appellate Division of the Supreme Court of the State of New York · decided 1910-04-08
<p>Bills and Notes (§ 103*)—Liability of Makeb—Fbaud—Want of Consid-EBATION.</p> <p>A maker, sued on a demand note, who proves without dispute that he was induced to sign the note because it was represented to him that it was a receipt, and who also proves that the note was without consideration, ' establishes his nonliability.</p> <p>[Ed. Note.—For other cases, see Bills and Notes, Cent. Dig. §§ 233-240; Dec. Dig. § 103.*]</p>
Reversed, and new trial ordered · Decided 1910-04-08
¶1Action upon a demand note against the maker. The defendant proved that he was induced to sign the note because it was represented to him that it was a receipt. This evidence was not denied. The defendant also proved that the note was without consideration. It follows that the verdict of' the jury in favor of the plaintiff cannot be sustained.
¶2Judgment reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.