57 N.Y.S. 567 | N.Y. App. Div. | 1899
This action was brought to recover upon a contract of indorsement of a promissory note. It was established upon tÉe trial that the defendant was an accommodation indorser of the note in question; and her defense is that the plaintiff is not a bona fide holder of the note, for the reason that it did not at the time of receiving the same, or at any time thereafter, surrender any value or part with any consideration therefor. At the close of the testimony both parties moved for the direction of a verdict'; and, as the defendant did not thereafter ask to go to the jury upon any question in the case, she is concluded by the finding of the court, and the judgment is to be supported, if there be evidence sufficient for that purpose. Provost v. McEncroe, 102 N. Y. 650, 5 N. E. 795.
It appears that the note in question was given in renewal of á note executed by one Morrell, and payable to the order of himself.