Arnold v. Rock River Valley Union Railroad
The Superior Court of New York City
This action came before the court on an appeal from a judgment in favor of the plaintiff. It was tried before Oh. J. Oakley, and a jury, on the 19th of March, 1855. The action was brought upon an instrument, in the words and figures following, viz:—■ “Hew York, January Slst, 1853. “$5,000. “ Six months after date, the Rock River Valley Union Railroad Company promises to pay to the order of A. Hyatt Smith and J. Bodwell Doe, for value received, at the Hanover Bank of this…
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This action came before the court on an appeal from a judgment in favor of the plaintiff. It was tried before Oh. J. Oakley, and a jury, on the 19th of March, 1855. The action was brought upon an instrument, in the words and figures following, viz:—■ “Hew York, January Slst, 1853. “$5,000. “ Six months after date, the Rock River Valley Union Railroad Company promises to pay to the order of A. Hyatt Smith and J. Bodwell Doe, for value received, at the Hanover Bank of this city, five thousand dollars, having deposited with Elisha Peck, as collateral security and pledge for the payment of this…
1Opinion of the CourtBy the Court. . Bosworth, J.
The objection, that the certificate of the notary could not be admitted as evidence, is untenable. To exclude it, the statute requires the defendant “to annex to his plea an affidavit, denying the fact, of having received notice of non-acceptance, or of non-payment, of any such note'or bill.” (2 R. S. 2d edit. 212, § 46.) The defendant insists, that the answer, in substance, contained such a denial; and that the answer, being verified, it was as effective, as a distinct affidavit annexed to it, to deprive the plaintiff of all right to read the - certificate. To this there are two answers:—
Firs…
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