Talman v. Gibson
The Superior Court of New York City
This was an action upon a promissory note, made by one George Gibson, in favour of the defendant, endorsed by him to one Rogers, by Rogers to Samuel C. Hyslop, by Hyslop to one Peter W. Spicer, and by him to Charles B. Spicer. Plea, the general issue. - The. cause was tried on the 12th day of September, 1828, before Mr. Justice Hoffman.
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This was an action upon a promissory note, made by one George Gibson, in favour of the defendant, endorsed by him to one Rogers, by Rogers to Samuel C. Hyslop, by Hyslop to one Peter W. Spicer, and by him to Charles B. Spicer. Plea, the general issue. - The. cause was tried on the 12th day of September, 1828, before Mr. Justice Hoffman. At the trial, the counsel for the defendant stated, that it was not denied, that George Gibson owed the note in question, nor was the defendant’s liability, as endorser, denied. That this defence was set up "by Samuel C. Hyslop, (one-of the endorsers,) who…
1Opinion of the Court
Oakley J.
This was an action on a promissory note, made by one George Gibson, payable to the defendant, and endorsed by him and Samuel C. Hyslop. The defendant admitted his liability on the note in question,—but offered to show by way of defence to this action,—that the plaintiff held the note fraudulently and without consideration. The defendant called one Spicer as *312a witness, who testified that the note in controversy was actually the property of Hyslop, and that he had, as agent for Hyslop, called on the plaintiff to deliver up the note, which he refused t0 do, saying, that he had received…
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- Pearce v. AustinSupreme Court of Pennsylvania · 1839
- Hall v. ErwinNew York Supreme Court · 1871
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