Hatch v. Pryor
New York Court of Appeals
Appeal from the Supreme Court. The complaint alleged that on the 15th of April, 1858, a note was made by one Clark Reason, and H. Addington as his surety, for $130, with interest, payable one year from date to Charles Arnold or bearer, at the store of Thompson & Bennett, in Willink; that the note was transferred by Arnold, the payee, to the plaintiff; that the defendant is indebted to the plaintiff on the note in the sum of $130, with interest; and that such indebtedness…
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Appeal from the Supreme Court. The complaint alleged that on the 15th of April, 1858, a note was made by one Clark Reason, and H. Addington as his surety, for $130, with interest, payable one year from date to Charles Arnold or bearer, at the store of Thompson & Bennett, in Willink; that the note was transferred by Arnold, the payee, to the plaintiff; that the defendant is indebted to the plaintiff on the note in the sum of $130, with interest; and that such indebtedness originated upon a contract between Reason, the maker of the note, and Pryor, the defendant, by which Reason transferred to…
1Opinion of the CourtPorter, J.
Upon the facts found by the referee, the release executed.by Reason would be ineffectual to impair the rights of the plaintiff, but the finding is unavailing to the respondent, as it is'based on evidence which should have been excluded. He gave parol proof, on the hearing, of the agreement between the defendant and Iteason, on which he relied to establish his right of action. It afterward appeared that the contract was reduced to writing; and the respondent neither produced it nor accounted for its non-production. The referee erred in denying the defendant’s motion to strike out the parol…
2Cases cited2 opinions
- Dunn v. HewittNew York Supreme Court · 1846
- Rogers v. Van HoesenNew York Supreme Court · 1815
3Cited by3 opinions
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- Glen v. Hope Mutual Life InsuranceNew York Supreme Court · 1873
- Jennings v. OsborneNew York Court of Common Pleas · 1886