New York Supreme Court July 26, 1895 (Mead v. Chase)

DYKMAN, J.

The plaintiff in this action alleges in his complaint that he made his promissory note for $6,400, payable on demand to the order of the defendant, who was cashier of the Pawling National Bank; that the defendant promised and agreed to use the note for the purpose of paying and taking up three promissory notes of the défendant" which were then lying in the bank, overdue; that, relying