Thompson v. Ketcham
New York Supreme Court
THIS was an action of assumpsit. The declaration, , . ’ , besides the usual money counts, contained a count on a promissory note, as follows : “ I promise to pay Capri Samuel Thompson, eighty dollars, for value received. Montego Bay, April 21, 1807.” Plea, general issue, with notice that infancy would be. given in evidence at the trial.
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THIS was an action of assumpsit. The declaration, , . ’ , besides the usual money counts, contained a count on a promissory note, as follows : “ I promise to pay Capri Samuel Thompson, eighty dollars, for value received. Montego Bay, April 21, 1807.” Plea, general issue, with notice that infancy would be. given in evidence at the trial. The cause was tried at the Ulster circuit, in September, 1810, before Mr. Justice Yates, It was provéd that the defendant had acknowledged that the plaintiff had lent him the 80 dollars at Monte3 0 Bay, in the island of Jamaica; and that he could not have done…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. This case presents two questions; 1. Was parol evidence admissible that the payment of the note was to be made in New-York ? 2. If it was not, then on whom did the onus lie of proving the law of the island of Jamaica on the subject of infancy ?
1. When this- cause was formerly before the court, (4 Johns. Rep. 285.) the admissibility of the testimony relative to the agreement to pay the note in New-York, was not drawn in question; for the testimony had been admitted without objection. This, point is not therefore to be considered as having been…
2Cases cited1 opinion
- Keating v. PriceNew York Supreme Court · 1799
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- Pierce v. WhitingCalifornia Supreme Court · 1883
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