28 N.Y.S. 312 | N.Y. Sup. Ct. | 1894
The action was against the maker and indorser of a promissory note for $100 given for “seed grain.” The case is one of a class familiar to the courts, but presents some novel
Upon these proofs the learned judge at the circuit directed a verdict for both of the defendants. We think the defendants were not entitled to such a direction; but, on the contrary, that the plaintiff was entitled to a verdict in Ms favor against both of them. The proposition that the contracts in question were void, as against public policy, is negatived by the decision of this court in the case of Watson v. Blossom, 4 N. Y. Supp. 489. The defense of want of consideration evidently fails as to both of the defendants. Cutwater gave the note for seed oats which he bought with a speculative intent, and Crossman indorsed the note in consideration of the surrender of his own obligation for the