Clark v. Atkinson
New York Court of Common Pleas
This cause was tried by the court, without a jury, at a special term, held by his honor, Judge Ingraham, who rendered judgment for the plaintiff. The case came up to the general term on a bill of exceptions.
1Opinion of the Court
By the Court. Ingraham, First J.
This action is brpught to recover the amount of a promissory note, dated in 1839, and payable 90 days after date. The note was made by the defendant, payable to Sammis & Bremner, and by them endorsed to the plaintiff.
The complaint is upon the note merely. The answer does not admit the endorsement, and sets up as new matter a discharge obtained by the defendant in bankruptcy on the 21st August, 1853, and the statute of limitations. To this the plaintiff replied, want of knowledge or information as to the discharge, and that on the 7th October, 1847, the…
2Cases cited5 opinions
- Dean v. HewitNew York Supreme Court · 1830
- Depuy v. SwartNew York Supreme Court · 1829
- Moore v. VieleNew York Supreme Court · 1830
- Wait v. MorrisNew York Supreme Court · 1831
- Fitzgerald v. Alexander & MullenNew York Supreme Court · 1838