Johnson v. Bloodgood
New York Supreme Court
This was an action for goods' sold and delivered. The defendant pleaded non assumpsit, and payment. Under the second plea, the defendant gave notice, that he would set off a negotiable note; made on the 1st August, 1792, by the plaintiff, to one Sullivan, for 3106 dollars, and endorsed to the defendant, payable in four months after date.' On the trial before Mr. Justice Kent it appeared in evidence, that, the plaintiff being insolvent, on the 16th January, 1793, made an…
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This was an action for goods' sold and delivered. The defendant pleaded non assumpsit, and payment. Under the second plea, the defendant gave notice, that he would set off a negotiable note; made on the 1st August, 1792, by the plaintiff, to one Sullivan, for 3106 dollars, and endorsed to the defendant, payable in four months after date.' On the trial before Mr. Justice Kent it appeared in evidence, that, the plaintiff being insolvent, on the 16th January, 1793, made an assignment of all debts due to him,- to R Knox and others, as trustees for the benefit of all his creditors; that the…
1Opinion of the CourtRadcliff, J.
From the state of the case I think it a fair presumption, that the note was purchased by the defend- " ant after the assignment by the plaintiff to the trustees.
The assignment was made oil the 16th January, 1793. The defendant in his answer to the bill in chancery states generally, that he purchased the note in the year 1793, without pointing to any particular period of that year, but saying “ the month was unknown.” It is more than probable, if the purchase had preceded the assignment, or if the defendant had any real doubt of that fact, that he would have stated particularly his knowledge…
2Cases cited6 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Continental Purchasing Co. v. Van Raalte Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Anderson v. Van AlenNew York Supreme Court · 1815
- Caines v. BrisbanCourt for the Trial of Impeachments and Correction of Errors · 1815
- Comstock v. HoagNew York Supreme Court · 1830
- Cromwell v. ArrottSupreme Court of Pennsylvania · 1814
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