Fellows v. Stevens
New York Supreme Court
Error from the superior court of the city of Hew-York. The plaintiffs, Fellows, Read & Co. commenced an action of assumpsit against Stevens on five promissory notes, the lafefc of which bore date on the 14th September, 1836, amounting, together with the interest thereof on the day of trial, to $5020,18. The defendant pleaded non-assumpsit and payment, and on the trial of the cause produced in evidence a deed of assignment executed by him on 17th November, 1836, to John…
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Error from the superior court of the city of Hew-York. The plaintiffs, Fellows, Read & Co. commenced an action of assumpsit against Stevens on five promissory notes, the lafefc of which bore date on the 14th September, 1836, amounting, together with the interest thereof on the day of trial, to $5020,18. The defendant pleaded non-assumpsit and payment, and on the trial of the cause produced in evidence a deed of assignment executed by him on 17th November, 1836, to John Heath, conveying to him his stock in trade as a jeweller, and other property, for the benefit of all his creditors, giving a…
1Opinion of the Court
By the Court,
Cowen, J.
The matter upon which the defendant relied as constituting a bar, ran through considerable time and was made up of divers circumstances. Those which followed the proposals were, in the language of some of the witnesses, all based upon them ; and each must be regarded, in estimating their operation, as parts of a single transaction. That was intended to be a general composition with the creditors of the defendant by which he should be released from his debts. Several objections were made in the course of the trial to single pieces of testimony at the time of their being…
2Cited by14 opinions
- Blair v. . WaitNew York Court of Appeals · 1877
- Hanover National Bank v. BlakeNew York Court of Appeals · 1894
- Chemical Nat'l Bank of N.Y. v. . KohnerNew York Court of Appeals · 1881
- Works v. HersheySupreme Court of Iowa · 1872
- Dwyer v. DunbarSupreme Court of the United States · 1867
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