White v. . Joy
New York Court of Appeals
Action in the supreme court commenced in December, 1849. The complaint was as follows: “ State of New-York, county of Albany: Andrew White, receiver of the Canal Bank of Albany, agt. Miles Joy and Lewis Joy. The above named plaintiff complains, that the defendants, partners in trade, on the 24th day of October, 1848, at Buffalo, by a promissory note in writing, for value received, promised to pay the sum of one thousand dollars one year after the said date.
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Action in the supreme court commenced in December, 1849. The complaint was as follows: “ State of New-York, county of Albany: Andrew White, receiver of the Canal Bank of Albany, agt. Miles Joy and Lewis Joy. The above named plaintiff complains, that the defendants, partners in trade, on the 24th day of October, 1848, at Buffalo, by a promissory note in writing, for value received, promised to pay the sum of one thousand dollars one year after the said date. And the same was thereupon transferred to the said plaintiff, who is now the holder and owner thereof. The payment of said note was duly…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The complaint is defective, in not stating to whom the promissory note mentioned in it was made payable. It is not merely the want of a sufficiently definite statement, the remedy for which is by motion under § 160 of the Code, but it is an attempt to set out the substance of a promissory note, omitting all notice of the payee, and not mentioning whether it had that essential feature or not. If the complaint had been demurred to, we should have been obliged to…
2Cases cited1 opinion
- Gillet v. FairchildNew York Supreme Court · 1847
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