Harris v. Wilson
New York Supreme Court
This was an action of assumpsit, tried at the Washington circuit in June, 1827, before the Hon. Reuben H. Walworth, then one of the circuit'judges. The plaintiff declared on a joint and several promissory note, made by the defendant and one Eben W. Judd, for the sum of $1000, dated the 1st May, 1824, payable 18 months after date, and acknowledging that the note was given for borrowed money. The declaration also contained the common counts.
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This was an action of assumpsit, tried at the Washington circuit in June, 1827, before the Hon. Reuben H. Walworth, then one of the circuit'judges. The plaintiff declared on a joint and several promissory note, made by the defendant and one Eben W. Judd, for the sum of $1000, dated the 1st May, 1824, payable 18 months after date, and acknowledging that the note was given for borrowed money. The declaration also contained the common counts. The defendant pleaded non-assumpsit; and a special plea, that, at the date of the note, and before and after, the plaintiff the defendant and Judd were…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendant failed in maintaining the issue, that the note on which the suit was brought,, was given for a partnership transaction between Judd, Harris and Wilson, and that it was embraced in the submission of the partnership concerns to arbitrators, and disposed of by their award. There is no evidence as to the *514consideration for which the note was given ; and if it was not given for a debt growing out of the partnership of these individuals, it was not embraced in the submission. The testimony of the arbitrators shows conclusively that it was not in fact…
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