Evans v. Wells & Spring
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Wells & Spring brought an action of assumpsit against Thomas Evans and two others as the makers of a promissory' note for $3000, dated 27th July, 1835, payable to Samuel S. Hill, twelve months after date. The defendants were partners in trade, and the note was signed in the partnership name, “ Thomas Evans & Sons,” by Thomas Evans, the senior partner.
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Error from the supreme court. Wells & Spring brought an action of assumpsit against Thomas Evans and two others as the makers of a promissory' note for $3000, dated 27th July, 1835, payable to Samuel S. Hill, twelve months after date. The defendants were partners in trade, and the note was signed in the partnership name, “ Thomas Evans & Sons,” by Thomas Evans, the senior partner. The defence set up was the following: On the 11 th Der cember, 1835, the plaintiffs united with several others, merchants of the city of New-York, in executing a power of attorney to Charles B. Granniss and Henry M.…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
It was conceded upon the trial that the plaintiffs were the bona fide holders of the note in question, for a valuable consideration ; having received the same from Hill, the payee, in the due course of business, in payment for gpods delivered to him at the same time. Therefore it was no defence whatever to the suit, that Hill had received the note for a special purpose, or that one of the partners had lent the credit of the firm without the knowledge and consent of his copartners, as there was nothing in the nature of…
2Cases cited6 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Rossiter v. RossiterNew York Supreme Court · 1832
- Kellogg v. RichardsNew York Supreme Court · 1835
- Pentz v. StantonNew York Supreme Court · 1833
- Spencer v. FieldNew York Supreme Court · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Worrall v. . MunnNew York Court of Appeals · 1851
- Sanger v. WarrenTexas Supreme Court · 1898
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
- Schaefer v. . HenkelNew York Court of Appeals · 1878
37 more not listed; retrieve them via the Exa API.