15 N.Y.S. 924 | N.Y. Sup. Ct. | 1891
The action was against the two indorsers" (the defendant Smith and one Brown) of a promissory note, made Ijy one Garretsee, and delivered to the plaintiff before due, for value. Two defenses' were set up by the answer,—one of a material alteration in the note after its indorsement, the other qf usury. The latter defense was abandoned on the trial, and the case seems to have been submitted to the jury on two questions of fact: (1) Was there a material alteration in the body of the note after its indorsement
It is impossible to entertain the proposition that the defendants can escape •the effect of this instrument as an estoppel on the ground that they did not know what the instrument contained, unless the plaintiff himself is in some way responsible for their ignorance, and of that there is no pretense. The • defendants execute the instrument of their own accord, so far as the plaintiff is concerned, and thereby induce him to relinquish his claim upon the maker of the note, in reliance upon their representation that they are liable as its indorsers, and their promise to pay it, notwithstanding his release of the maker. The case presents all the features of an estoppel, and its effect is not dependent upon the question whether the defendants knew what the instrument contained. It was their business to know, they had every opportunity to know, the plaintiff was not responsible if they did not know, and the effect upon his rights and interests was the same whether they knew or not. We thmk the plaintiff would have been entitled to the direction of a verdict in his favor if it had been asked for. Certainly, upon the finding of the jury that the defendants were not ignorant of the contents of the instrument signed by them, the verdict was undoubtedly correct.
There was no motion for a new trial, so that we are not permitted to in•quire as to the sufficiency of the evidence upon any question submitted to the Jury. The judgment appealed from must be affirmed. All concur.