Rankin v. Blackwell
New York Supreme Court
This was an action of assumpsit. The plaintiff declared on a promissory note, drawn by Blackwell and Hallett, in favor of Arnold and Ramsay, and indorsed by them to the plaintiff. The cause was tried at the last March sittings, in New York, before the chief justice. The signature of Blackwell and Hallett was proved to be in the hand-writing of Hallett.
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This was an action of assumpsit. The plaintiff declared on a promissory note, drawn by Blackwell and Hallett, in favor of Arnold and Ramsay, and indorsed by them to the plaintiff. The cause was tried at the last March sittings, in New York, before the chief justice. The signature of Blackwell and Hallett was proved to be in the hand-writing of Hallett. The defence set up, was, that the note, after it had been made and issued, had been altered, in the date, and by changing three hundred into thirteen hundred dollars. To support this defence, the defendant offered to prove, 1. That former notes…
1Per curiam
The defence in this case rested on the *199proof of forgery. The evidence that former notes drawn and indorsed by the same parties, to take up one of which the present note was given, had been altered, ought to have been admitted; for it would have served to show what was the real consideration for the note, and thus lead to the detection of the forgery. The mode of this proof is not stated; but we must presume, that it would have been legal. Where a defendant can show strong circumstances, such as erasures, <fcc. to render a note suspicious, he ought to be allowed to go into evidence of general…
2Cited by9 opinions
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- Stoner v. EllisIndiana Supreme Court · 1855
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