Norris v. Badger
New York Supreme Court
Assumpsit ; tried at the Onondaga.circuit, March 20th, 1826, before Throop, C. Judge. The declaration was against the defendants as joint endorsers to the plaintiff of a promissory note, also endorsed ^y Plaintiff to the Utica Bank, made by one Elias Gu* maer, dated November 23d, 1821, payable to the order of the defendants at the Utica Bank, 90 days after date, for $3000. It also contained the money counts.
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Assumpsit ; tried at the Onondaga.circuit, March 20th, 1826, before Throop, C. Judge. The declaration was against the defendants as joint endorsers to the plaintiff of a promissory note, also endorsed ^y Plaintiff to the Utica Bank, made by one Elias Gu* maer, dated November 23d, 1821, payable to the order of the defendants at the Utica Bank, 90 days after date, for $3000. It also contained the money counts. Plea : 1, the general issue ; and 3dly, a judgment of $3000 confessed byGumaer to Norris, and Badger, one of the defendants, as security and indemnity to the endorsers, February \8th,…
1Opinion of the Court
Curia, per
Savage, Ch. J.
The variance between the endorsement stated in the bill of particulars, and that filled up and used on the trial, was immaterial. The blank endorsement mentioned in the bill, imported as much as if the formal words had been written over it. It is enough* that the bill and the proof agreed in substance. Beside, the note and endorsement were specially set forth in the declaration. There w as no need of particulars as to these. It was necessary under the money counts only, which may be laid cut of view'.
There is no doubt, the evidence of incumbrances was admissible. It…
2Cases cited1 opinion
- Welch v. LindoSupreme Court of the United States · 1812
3Cited by6 opinions
- Desbecker v. McFarLineAppellate Division of the Supreme Court of the State of New York · 1899
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- Abeel v. ConhyserNew York Supreme Court · 1872
- Farnum v. FarnumMassachusetts Supreme Judicial Court · 1859
- Kendall v. BrownsonSupreme Court of New Hampshire · 1866
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