Balcom v. Woodruff
New York Supreme Court
This was an action of assumpsit, originally commenced in the court of common pleas of Jefferson county. The declaration was in the usual form, containing the common money counts, alledging a joint indebtedness of the defendants; to which was attached a copy of a note in these words: “Watertown, 13th May, 1840. Eighteen months from date, for value received we promise to pay P. C. Moulton or bearer, at our store, two hundred dollars and interest.
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This was an action of assumpsit, originally commenced in the court of common pleas of Jefferson county. The declaration was in the usual form, containing the common money counts, alledging a joint indebtedness of the defendants; to which was attached a copy of a note in these words: “Watertown, 13th May, 1840. Eighteen months from date, for value received we promise to pay P. C. Moulton or bearer, at our store, two hundred dollars and interest. H. W. Woodruff. §200. N. M. Woodruff, Surety.” (Endorsed) “ Rec’d, 27 Nov. 1841, twenty-one dollars.” With a notice that such note would be given in…
1Opinion of the Court
By the Court, Gridley, J.
In this case the plaintiff was nonsuited on the trial, upon the ground that a note which constituted his only cause of action, and was signed by one of the defendants as 11 surety," was inadmissible under the common money counts. It is not denied that the case of Butler v. Raw-son, (1 Denio, 105,) is directly in point to sustain the nonsuit; but it is said that the decision in that case has not been satisfactory to the profession, and we are asked to review it. We have heretofore had occasion to say that we disapprove of the practice of overruling a previous decision…
2Cases cited6 opinions
- Holmes v. SeelyNew York Supreme Court · 1837
- Page's Administrators v. Bank of AlexandriaSupreme Court of the United States · 1822
- Pease v. MorganNew York Supreme Court · 1811
- Smith v. Van LoanNew York Supreme Court · 1837
- Butler v. RawsonCourt for the Trial of Impeachments and Correction of Errors · 1845
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- In The Matter Of The Complaint Of Associated Electric Cooperative, Inc.Court of Appeals for the Eighth Circuit · 1991
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