Jagoe v. Alleyn
New York Supreme Court
This action was brought upon three promissory notes, made by the defendant and transferred by the payee to the plaintiff; and was tried before the court without a jury. At-the-trial the plaintiff produced the notes, the signatures of the defendant to which were admitted by him, and the notes were read in evidence.
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This action was brought upon three promissory notes, made by the defendant and transferred by the payee to the plaintiff; and was tried before the court without a jury. At-the-trial the plaintiff produced the notes, the signatures of the defendant to which were admitted by him, and the notes were read in evidence. They were as follows: “ $200. Rochester, June 29,1839. Six months after date for value received, I promise to pay Joseph Jagoe or bearer two hundred dollars with interest. Joseph Alleyn.” “ $100. Rochester, October 3, 1839. Six months after date, for value received, I promise to pay…
1Opinion of the Court
By the Court, T. R. Strong, J.
In Knickerbacker v. Aldrich, a case decided at general term in the fourth district, and reported in 7 How. Prac. Rep. 1, it was held that the last clause of § 399 of the code, requiring notice of the intended examination of an assignor “ of a thing in action or contract,” is applicable to all cases in which such an assignor is to be examined in behalf of the party deriving title through or from him; as well to those where the action is against a party to the contract, as to those where it is against an assignee or an executor or administrator. The sentence…
2Cases cited1 opinion
- Bump v. Van OrsdaleNew York Supreme Court · 1852
3Cited by5 opinions
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- Goble v. KinneyNew York Supreme Court · 1855
- Clement v. AdamsNew York Supreme Court · 1856
- Hicks v. WirthNew York Court of Common Pleas · 1855