Tylee v. Yates
New York Supreme Court
Error to the superior court of the city of New-York. The suit was brought against Tylee, in the court below, on a note dated May 9,1840, made by him to the' North American Trust and Banking Company (not negotiable) for $2200, payable three months after date.
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Error to the superior court of the city of New-York. The suit was brought against Tylee, in the court below, on a note dated May 9,1840, made by him to the' North American Trust and Banking Company (not negotiable) for $2200, payable three months after date. The parties stipulated, that “ no objection should be made on the trial to the right of the plaintiffs to prosecute the note declared on in their own names, with the like effect as if the same had been negotiable, with liberty to the defendant to make any set-off to the same that he could if the same had been sued in the name of the…
1Opinion of the Court
By the Court,
Sill, J.
Various exceptions were taken to the ruling of the court on the trial, touching the admissibility of testimony offered by the defendant below, to establish his set-off. None of these can affect the questions before us; for if the set-off was erroneously excluded, the judgment must for this reason he reversed. But if this decision was right, any *225error in admitting or excluding testimony affecting merely Tylee’s claim against the North American Trust and Banking Company, could not injure him. The mass of testimony on this subject should have been excluded from the bill of…
2Cases cited4 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Kellogg v. HickokNew York Supreme Court · 1828
- Swift v. BeersNew York Supreme Court · 1846
- Gillett v. CampbellCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by11 opinions
- Leavitt v. . PalmerNew York Court of Appeals · 1849
- Martin v. State Compensation CommissionWest Virginia Supreme Court · 1929
- Case v. FishWisconsin Supreme Court · 1883
- Seneca County Bank v. LambNew York Supreme Court · 1858
- Vallancey v. HuntNorth Dakota Supreme Court · 1910
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