Legal Opinion

Grote v. Grote

New York Supreme Court

Decided October 15, 1813PublishedCited by 2 opinions

THIS was an action of assumpsit on a promissory note. The _ . . . cause was tried at the Albany circuit, m April, 1813, before Mr.Justice Yates.

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THIS was an action of assumpsit on a promissory note. The _ . . . cause was tried at the Albany circuit, m April, 1813, before Mr.Justice Yates. The note was proved by the subscribing witness, who testified that it was given for part of the consideration for a certain farm sold by the plaintiff to the defendant; that this note with several °thers given by the defendant for the consideration, were left iii the hands of the witness to be kept until the plaintiff should perform the terms of a certain agreement in writing; which was produced by the defendant, dated 7th of December, 1805, and…

1Per curiam

The facts well warranted the jury to have presumed the note to have been delivered over to the plaintiff by the assent, and as the act of the defendant. Circumstances may be equivalent to an actual redelivery of a deed. (Cowp. 201.) The note in question, together with other notes given as part of the same consideration, were left with the witness as a trustee for the plaintiff, and to be delivered to the plaintiff, on his performance of the agreement, it was proved .that the defendant had paid the other notes as they successively fell due, and had entered into the possession of the farm for…

2Cited by2 opinions

  1. Stover v. FlackNew York Supreme Court · 1862
  2. Vasseur v. LivingstonThe Superior Court of New York City · 1855

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