STRONG V. SHEFFIELD
N.Y. Ct. App., 144 N.Y. 392, 39 N.E. 330 (1895)
NATURE OF THE CASE: Strong (P) appealed an order of the General Term of the Supreme Court
that reversed the trial court's judgment for P in a claim for payment of a promissory note.
FACTS: The demand note upon which the action was brought was made by the husband of
Sheffield (D) and indorsed by her at his request and delivered to P, the payee, as security
for an antecedent debt owing by the husband to P. The debt of the husband was past due. The
only consideration for the wife's indorsement was an agreement by P when the note was given
to forbear the collection of the debt, or a request for forbearance, which was followed by
forbearance for a period of about two years subsequent to the giving of the note. P did not
demand payment for a two-year period. D was unable to pay the note upon demand. A judgment
was given for P against D. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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