Legal Opinion

Jansen v. Ball

New York Supreme Court

Decided February 15, 1827PublishedCited by 6 opinions

Covenant, tried at the Ulster circuit, April,^1825. The action was upon an instrument in these words and figures : u Supreme court. Amzey L. Ball V. Abraham Van Kuren.

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Covenant, tried at the Ulster circuit, April,^1825. The action was upon an instrument in these words and figures : u Supreme court. Amzey L. Ball V. Abraham Van Kuren. May 20th, 1819. Bond pen. $345,82 Condition, 172,91 Pltff’s costs, 9,36 Deft’s do. 68 I do hereby assign, transfer and set over, for a Valuable consideration, unto Joseph Jansen and Abraham I. Har-denburgh all my right, title and interest in and to the judgment as above stated, together with sheriff’s fees ; amounting in all to 198 dollars 84 cents; and warrant that all the above sum remains due and unpaid. Witness my hand and…

1Opinion of the Court

Curia, per

Woodworth, J.

As to the non-production of the assignment, the rule seems to be, that the plaintiff may state the loss specially ; and omit the making of a profert; but here the deed was lost subsequently to the declaring. The plaintiff could not, at the time, declare specially. After a profert is made, the deed is supposed to remain in court; and if denied, is kept there until it be determined. (Shep. Touch. 73, 4.) The case of Smith v. Woodward, (4 East, 585,) decides, that where a plaintiff declared on bond with a profert, on non est factum pleaded, secondary evidence by means of a…

2Cited by6 opinions

  1. Giffert v. WestWisconsin Supreme Court · 1873
  2. Hinkley v. Champaign National BankIllinois Supreme Court · 1905
  3. Bennett v. . BuchanNew York Court of Appeals · 1874
  4. Bogart v. M'DonaldNew York Supreme Court · 1801
  5. Hohle v. RandrupNew York Supreme Court · 1902

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