Legal Opinion

Bank of St. Albans v. Gilliland & Raymond

New York Supreme Court

Decided May 15, 1840PublishedCited by 17 opinions

This was an action of assumpsit, brought for the recovery of the amount of a promissory note from the defendants, *the payees [ *812 ] and first endorsers thereof, tried at the New-York circuit in March, 1839, before the Hon. Ogden Edwards, one of the circuit judges. The note bears date 5th April, 183T, at New-York, purports to have been made by J. & J. Raymond for the sum of $1343,63, and is payable to John L. Gilliland & Co. three months after date.

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This was an action of assumpsit, brought for the recovery of the amount of a promissory note from the defendants, *the payees [ *812 ] and first endorsers thereof, tried at the New-York circuit in March, 1839, before the Hon. Ogden Edwards, one of the circuit judges. The note bears date 5th April, 183T, at New-York, purports to have been made by J. & J. Raymond for the sum of $1343,63, and is payable to John L. Gilliland & Co. three months after date. It was endorsed in the name of the payees to the order of Messrs. Bullock, Lyman

1Opinion of the Court

Nelson, Ch. J.

By the Court, If an objection had been taken to the declarations of William Raymond, one of the defendants, as to his object in procuring the note, and the intended use of it, I think they should have been excluded, as the effect was to enable him to manufacture evidence to defeat an action against himself. This is fundamentally wrong. The fact that the note was procured, and passed away for his individual liabilities, should have been shown by other proof. The whole defence rested exclusively upon his own declarations. If this were sanctioned, the party might always qualify the…

2Cases cited1 opinion

  1. Wardell v. HowellNew York Supreme Court · 1832

3Cited by17 opinions

  1. Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
  2. Wright v. BrosseauIllinois Supreme Court · 1874
  3. Harger v. . WorrallNew York Court of Appeals · 1877
  4. Mayer v. . HeidelbachNew York Court of Appeals · 1890
  5. Atkinson v. BrooksSupreme Court of Vermont · 1854

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