Cook v. Litchfield
The Superior Court of New York City
This action comes before the General Term, on a verdict for the plaintiff, taken, subject to the opinion of the Court on questions of law directed to be heard at the General Term, in the first instance.
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This action comes before the General Term, on a verdict for the plaintiff, taken, subject to the opinion of the Court on questions of law directed to be heard at the General Term, in the first instance. It is brought by Edward Cook, as plaintiff and endorsee, against Elisha C. Litchfield, as defendant, and as payee ahd endorser of three promissory notes, each of the same date and amount, and each being dated, “ Detroit, April 2d, 1849,” each made by “ J. L. Carew,” and each payable, with interest, to the order of the defendant, “ at the Bank of Hew York, in the City of Hew York,” one at ten,…
1Concurrence
Hoffman, J.—It
might be sufficient for me to express my concurrence in the views presented by Mr. Justice Bosworth, and with his conclusion. The fact, however, that a decision of the Court of Appeals is pressed, as settling the case in favor of the endorser, induces me to add some observations.
I agree that the decision of that Court precludes us from saying that the facts, apparent on the face of the notices of protest successively made, were sufficient to charge the endorser with the payment of the note now in suit.
But extrinsic facts and circumstances are admissible in evidence *159to make clear…
2Cases cited1 opinion
- Bank of Rochester v. GouldNew York Supreme Court · 1832