Smith v. Van Loan
New York Supreme Court
Transfer of note and set-off. The plaintiff declared on a promissory note, made by the defendant to one Lewis Wheeler, and transferred by him to the plaintiff; and the declaration also contained the common money counts. The defendant pleaded the general issue, and gave notice that on the trial of the cause he would insist upon a set-off against Wheeler, the payee of the note, which set-off he was entitled to previous to the transfer of the note to the plaintiff.
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Transfer of note and set-off. The plaintiff declared on a promissory note, made by the defendant to one Lewis Wheeler, and transferred by him to the plaintiff; and the declaration also contained the common money counts. The defendant pleaded the general issue, and gave notice that on the trial of the cause he would insist upon a set-off against Wheeler, the payee of the note, which set-off he was entitled to previous to the transfer of the note to the plaintiff. The cause was heard before referees. It was admitted by the defendant, that in the fall of 1828, the defendant gave a note to Lewis…
1Opinion of the Court
By the Court, Bronson, J.
The note was properly in evidence under the money counts, and proof that it was not in fact given for money but for work and labor, could not change the form of the remedy. Hughes v. Wheeler, 8 Cowen, 77. It was a mere question of pleading, and the rule is, that a promissory note, as against the maker, may be given in evidence under the money counts, upon whatever ” consideration it may have been made.
*661The set-off was properly rejected. The note was transferred before it came to maturity, and upon a good consideration as between the plaintiff and Wheeler, the payee.…
2Cases cited1 opinion
- Rosa v. BrothersonNew York Supreme Court · 1833
3Cited by13 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Matthews v. RutherfordSupreme Court of Louisiana · 1852
- Butler v. RawsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Clark v. LeachMassachusetts Supreme Judicial Court · 1813
- Williams v. LittleSuperior Court of New Hampshire · 1840
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