Robbins v. Richardson
The Superior Court of New York City
This action is brought by the plaintiffs, as endorsees of a promissory note, for $1000, dated Nov. 5, 1855, at 6 months. The complaint avers the mating of the note by the defendants, payable to the order of one R. C. Jones; the delivery thereof, by the defendants, to the said R. C. Jones: that the said R. 0. Jones duly endorsed the said note in blank, and transferred and delivered the same to the plaintiffs.
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This action is brought by the plaintiffs, as endorsees of a promissory note, for $1000, dated Nov. 5, 1855, at 6 months. The complaint avers the mating of the note by the defendants, payable to the order of one R. C. Jones; the delivery thereof, by the defendants, to the said R. C. Jones: that the said R. 0. Jones duly endorsed the said note in blank, and transferred and delivered the same to the plaintiffs. The complaint then adds, that the note is due, and payable; that it has not been paid, and that the plaintiffs are now the lawful holders and owners thereof. The answer, by not denying,…
1Opinion of the Court
By the Court. Woodruff, J.—
The defendants wholly failed to prove, that there was any special agreement between the defendants and the payee, restricting the use of the note to any particular purpose, or restraining her in any wise as to the manner in which, or the persons to whom, it should be negotiated. And having given no evidence, that there was any usurious agreement, under which it was negotiated, no part of the second or third defences was proved, saVe, only, that the note was made, without consideration received by the defendants,, for the accommodation of the payee, and that it was…
2Cases cited10 opinions
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Grant v. EllicottNew York Supreme Court · 1831
- Brown v. McCuneThe Superior Court of New York City · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Woodruff v. DickieNew York Supreme Court · 1866
- Gessner v. SmithCity of New York Municipal Court · 1888
- Oregon Steamship Co. v. OtisNew York Supreme Court · 1883
- Woodruff v. DickieThe Superior Court of New York City · 1866
4 more not listed; retrieve them via the Exa API.