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.