New York Court of Appeals

National Citizens’ Bank of the City of New York, Respondent v. Emma Ida Toplitz, Appellant

May 31, 1904178 N.Y. 464

Summary

The Court of Appeals affirmed the judgment, holding that the defendant's answer did not present a valid legal defense because the alleged extension of time for payment was not supported by any pleaded consideration, and under both common law and the Negotiable Instruments Law a valid consideration must be pleaded to discharge a surety.