Rodman v. Munson
New York Supreme Court
Demurrer to answer. The complaint alledged that on the 23d of January, 1852, the defendant made his promissory note, of that date, by which he promised to pay J. Watson Williams on order, on the 1st day of February then next, $515 at the Bank of the State of New-York, for value received; that Williams indorsed such note and the plaintiff was the lawful holder and owner thereof, for a valuable consideration, and that no part had been paid.
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Demurrer to answer. The complaint alledged that on the 23d of January, 1852, the defendant made his promissory note, of that date, by which he promised to pay J. Watson Williams on order, on the 1st day of February then next, $515 at the Bank of the State of New-York, for value received; that Williams indorsed such note and the plaintiff was the lawful holder and owner thereof, for a valuable consideration, and that no part had been paid. And the plaintiff demanded judgment for the amount*of the note and interest; with costs. The defendant, by his answer, admitted that he made the promissory…
1Opinion of the CourtBrown, J.
This cause comes before the court upon a demurrer, and under the rule which requires such issues to be first heard at a special term. The answer asserts that the only equivalent for the note which the plaintiff seeks to recover, was a canal revenue certificate, for the sum of $500, and that it was negotiated and passed to the plaintiff after it became due and payable. These facts are admitted by the demurrer to be true. Any good defense which the defendant had to the note in the hands of the payee, he may now urge against it in the hands of the present holder. If the certificate is void and…
2Cases cited3 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Bank of Troy v. ToppingNew York Supreme Court · 1832
- Salisbury v. PhilipsNew York Supreme Court · 1813
3Cited by16 opinions
- Boswell v. StateSupreme Court of Oklahoma · 1937
- Renfroe v. City of AtlantaSupreme Court of Georgia · 1913
- Wilder v. MurphyNorth Dakota Supreme Court · 1928
- State ex rel Board of University v. McMillanNorth Dakota Supreme Court · 1903
- Arnold v. BondWyoming Supreme Court · 1934
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