Pratt v. . Foote
New York Court of Appeals
Action against the defendant' as maker of a promissory note for $1015.89 and interest, dated December 9, 1846. Upon the trial at the Greene circuit, in June, 1850, before Mr. Justice Wright, without a jury, the following facts appeared: The plaintiff was the president and sole owner of The Prattsville Bank.
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Action against the defendant' as maker of a promissory note for $1015.89 and interest, dated December 9, 1846. Upon the trial at the Greene circuit, in June, 1850, before Mr. Justice Wright, without a jury, the following facts appeared: The plaintiff was the president and sole owner of The Prattsville Bank. On the 15th of November, 1846, the bank held the defendant’s note for $1000 and some interest, payable to and endorsed by Samuel Scudder, which would fall due on the 20th of November. About the 15tli of November the defendant called at the bank with Scudder’s check on the bank for the…
1Opinion of the CourtSelden, J.
This case comes up upon a bill of exceptions. But it is insisted by the respondent’s counsel that no question can be raised under the general exception taken to the final decision of the judge who tried the cause; that the exception should have been specific, pointing out the precise error alleged to have been committed.
The rule no doubt is, that where a party excepts upon the trial to the charge of a judge to the juiy, he is required to specify the particular portion of the charge which he claims to be erroneous, or his exception will be of no avail. Perhaps the same rule applies to…
2Cases cited1 opinion
- Olcott v. RathboneNew York Supreme Court · 1830
3Cited by34 opinions
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Sokoloff v. National City BankNew York Court of Appeals · 1928
- Cohen v. First National Bank of NogalesArizona Supreme Court · 1921
- City National Bank v. BurnsSupreme Court of Alabama · 1880
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