Legal Opinion

Cromwell v. Hewitt

New York Court of Appeals

Decided June 14, 1869PublishedCited by 16 opinions

Appeal, from judgment of the General Term of the first judicial district, affirming a dismissal of the complaint at the Circuit. The action was brought upon two promissory notes, of which the following are copies: $75. New York, March 22c?, 1861. Sixty days after date I promise to pay to Bichard Hewitt seventy-five dollars, value received. WILLIAM BYAH, 79 Crosby street. Indorsed. James B. Hewitt.

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Appeal, from judgment of the General Term of the first judicial district, affirming a dismissal of the complaint at the Circuit. The action was brought upon two promissory notes, of which the following are copies: $75. New York, March 22c?, 1861. Sixty days after date I promise to pay to Bichard Hewitt seventy-five dollars, value received. WILLIAM BYAH, 79 Crosby street. Indorsed. James B. Hewitt. Bichard Hewitt. $75. New York, March 22d, 1861. Four months after date I promise to pay to Bichard Hewitt seventy-five dollars, value received. WILLIAM BYAH, 79 Crosby street. Indorsed. James B.…

1Opinion of the CourtMasou, J.

This action was brought to recover of the defendant, the amount of two non-negotiable notes of seventy-five dollars each, upon the following facts: One "William Ryan made the notes payable to the defendant by name, and the defendant transferred the notes to the plaintiff for value, and indorsed them over by writing his name upon the back. The notes were not presented for payment when they fell due, nor was any notice of non-payment given to the defendant, and the only question in the case is whether the plaintiffs are entitled upon these facts to recover of the defendant the amount of the…

2Cases cited14 opinions

  1. Moies v. BirdMassachusetts Supreme Judicial Court · 1814
  2. Dean v. HallNew York Supreme Court · 1837
  3. Nelson v. DuboisNew York Supreme Court · 1816
  4. Beckwith v. AngellSupreme Court of Connecticut · 1823
  5. Perkins v. CatlinSupreme Court of Connecticut · 1836

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3Cited by16 opinions

  1. McMullen v. . RaffertyNew York Court of Appeals · 1882
  2. Persky v. Bank of America National Ass'nNew York Court of Appeals · 1933
  3. Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
  4. Newman v. . FrostNew York Court of Appeals · 1873
  5. Haber v. BrownCalifornia Supreme Court · 1894

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