Gillett v. Campbell
Court for the Trial of Impeachments and Correction of Errors
Assumpsit tried before Willard, C. Judge, at the St. Lawrence circuit, in February, 1844. The plaintiff gave in evidence the defendant’s promissory note, as follows -. " $140. October, 15, 1841. I promise to pay the St. Lawrence Bank or order, one hundred and forty dollars, three months after date with interest, {interest on my mortgage to said bank for stock from 15th October, 1840, to this, date.) James Campbell.” The defendant had given such a mortgage to the bank.
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Assumpsit tried before Willard, C. Judge, at the St. Lawrence circuit, in February, 1844. The plaintiff gave in evidence the defendant’s promissory note, as follows -. " $140. October, 15, 1841. I promise to pay the St. Lawrence Bank or order, one hundred and forty dollars, three months after date with interest, {interest on my mortgage to said bank for stock from 15th October, 1840, to this, date.) James Campbell.” The defendant had given such a mortgage to the bank. For the purpose of proving that there was no consideration for the note, the defendant proved that the bank had assigned this…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Assuming -the mortgage to have been duly assigned, the defendant fully made out his case. It was enough for him to show that the bank took the note on account of a debt which it did not own, but which belonged to another. It was for the plaintiff to show, if he could, that the amount of the note had been applied on the mortgagS debt. Until that was done,-and as the proof stood, there was no consideration for the note. Indeed, the taking of the note after having parted with the mortgage, unless the mattes can be explained, was nothing less than a downright fiaud…
2Cited by19 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Belden v. . MeekerNew York Court of Appeals · 1872
- McClaskey v. O'BrienWest Virginia Supreme Court · 1879
- Edgerton v. YoungIllinois Supreme Court · 1867
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