Swartwout v. Payne
New York Supreme Court
THIS was an action of assumpsit, tried at the Albany circuit, in October, 1820, before Mr. Justice Woodworth. The declaration contained four counts: the first count was for a certain piece of land of the plaintiff before sold and released to the defendant, 8zc. 2. Quantum valebat for the same. 3. For money lent, and money paid, and money had and received, &c. 4. On an account stated. Plea non assumpsit.
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THIS was an action of assumpsit, tried at the Albany circuit, in October, 1820, before Mr. Justice Woodworth. The declaration contained four counts: the first count was for a certain piece of land of the plaintiff before sold and released to the defendant, 8zc. 2. Quantum valebat for the same. 3. For money lent, and money paid, and money had and received, &c. 4. On an account stated. Plea non assumpsit. It appeared in evidence, that the plaintiff and his wife, by a deed, bearing date the 31st of May, 1817, sold and conveyed to the defendant, all his interest in a piece oi land in Schodack,…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. It appears very clearly, that the plaintiff received from the defendant, a note for 400 dollars, drawn by Titus Goodman, jun., payable to N. I. Visscher, and endorsed by Visscher and Titus Goodman, in payment for lands sold and conveyed by the plaintiff and wife, to the defendant. The note was received as part of the consideration money, on the strong assurances of the defendant that it was as good as the bank, and that all he would have to do, would be to leave the note at the bank, and receive the money. If it shall appear that the note was…
2Cited by9 opinions
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- Union Bank of Rochester v. GilbertNew York Supreme Court · 1894
- Thomas v. MurrayNew York Supreme Court · 1860
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