Philips v. Peters
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. In March, 1821,. Philips, as the owner of a promissory note, of which one McLean was the maker, and the defendant Peters the first indorser, for the sum of $439.78, commenced his action against Peters.
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APPEAL from a judgment entered on the report of a referee. In March, 1821,. Philips, as the owner of a promissory note, of which one McLean was the maker, and the defendant Peters the first indorser, for the sum of $439.78, commenced his action against Peters. The complaint alleged the making and indorsement of the note, the protest and all the facts necessary to charge the indorser, and averred that the plaintiff was now the owner and holder of the note, and that the defendant within the six years last past has promised to pay the same.” The defendant answered, specifically denying the…
1Opinion of the Court
By the Court, Wright, J.
In the argument at bar, the defendant’s counsel confined himself to the discussion of a single proposition, viz: That the referee erred in deciding that the promise made to Morrison was available to the plaintiff. This is, perhaps, the only question in the case. Whether an absolute promise had been shown was a question exclusively for the referee, and he has found against the defendant. We cannot say that the finding of this fact was erroneous. The referee finds, as facts proved, that on the 28th September, 1842, one McLean made his promissory note, payable to the…
2Cases cited10 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Sands v. GelstonNew York Supreme Court · 1818
- Depuy v. SwartNew York Supreme Court · 1829
- Soulden v. Van RensselaerNew York Supreme Court · 1832
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3Cited by3 opinions
- Cunkle v. HealdDistrict of Columbia Court of Appeals · 1888
- Hopkins v. WardNew York Supreme Court · 1876
- Bachman v. RollerTennessee Supreme Court · 1877