Jansen v. Ball
New York Supreme Court
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…
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