Van Valkenburgh v. Rouk
New York Supreme Court
THIS was an action of debt on a bill obligatory, or sealed note, and was tried before Mr. Justice Yates, at the Orange circuit, in August, 1814. The defendant pleaded non est factum, and at the trial entered into evidence to show that the note had been fraudulently obtained, by substituting in the place of the note- Avhich the defendant intended to execute, one for a much larger amouht, jjj-g testimony the counsel for the plaintiff objected, that it was inadmissible under…
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THIS was an action of debt on a bill obligatory, or sealed note, and was tried before Mr. Justice Yates, at the Orange circuit, in August, 1814. The defendant pleaded non est factum, and at the trial entered into evidence to show that the note had been fraudulently obtained, by substituting in the place of the note- Avhich the defendant intended to execute, one for a much larger amouht, jjj-g testimony the counsel for the plaintiff objected, that it was inadmissible under the plea, but the judge overruled the objection. , . . It is unnecessary to state the testimony, as it is unnoticed in the…
1Opinion of the CourtSpencer, J.
The evidence in this case looks towards a substitution of an instrument of a larger amount, for the one the defendant supposed he was executing. Had it been made out satisfactorily that there had been a note drawn for a smaller amount, that the defendant. was defrauded into executing the note in question, by its substitution at the moment of execution, I cannot perceive any objection to the admission of such proof; and if made out, I think it would avoid the instrument upon the issue of non est factum, Chitty lays it down, that the defendant, on non est factum, may give in evidence that the…
2Cited by19 opinions
- Wright v. McPikeSupreme Court of Missouri · 1879
- Stacy v. RossTexas Supreme Court · 1863
- C. Aultman & Co. v. OlsonSupreme Court of Minnesota · 1886
- Givan v. MastersonIndiana Supreme Court · 1898
- Beck & Pauli Lithographing Co. v. ObertMissouri Court of Appeals · 1892
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