Brown v. Ward
The Superior Court of New York City
The action is upon a promissory note, made by the defendants in favor of the plaintiff and dated the 23d of September, 1853. The defendant, Joseph W. Ward, demurred. A motion was noticed for this day to strike it out as frivolous, and for judgment. On the 5th the defendant obtained an order to show cause on this day why an .answer annexed to the order should he allowed to be served.
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The action is upon a promissory note, made by the defendants in favor of the plaintiff and dated the 23d of September, 1853. The defendant, Joseph W. Ward, demurred. A motion was noticed for this day to strike it out as frivolous, and for judgment. On the 5th the defendant obtained an order to show cause on this day why an .answer annexed to the order should he allowed to be served. The defence set up in the answer is, that the plaintiff had received certain bonds of the Rock River Railroad Company as collateral security for this and another note of the defendants; that these bonds were given…
1Opinion of the Court
Hoffman, Justice.
The demurrer, admittedly, cannot be sustained. In order to raise the questionfully, it has been agreed upon the trial, that a notice given by the plaintiff to the defendants of the intended sale of the bonds at the Merchants’ Exchange for the 27th of April, 1854, unless the note was previously paid, should be considered as before the court; also the receipt of the plaintiff given upon getting the bonds, and an affidavit showing the sale, a previous notice of a week in several of the daily newspapers, and a sale at twenty-eight per cent, on their par value. The proceeds were…
2Cited by9 opinions
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- Nelson v. WellingtonThe Superior Court of New York City · 1859
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