Havens v. Huntington
New York Supreme Court
Assumpsit, to recover the amount of two promissoiy notes hereinafter recited. The declaration contained two counts upon the notes themselves, that is to say; one count upon each of the notes against the defendant, as maker, in favour of the plaintiff, as endorsee of Jenkins & Havens, the payees, in the usual form. It also contained the common money counts, and a count upon an insimul computassent. The defendant pleaded the general issue, with notice of set off.
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Assumpsit, to recover the amount of two promissoiy notes hereinafter recited. The declaration contained two counts upon the notes themselves, that is to say; one count upon each of the notes against the defendant, as maker, in favour of the plaintiff, as endorsee of Jenkins & Havens, the payees, in the usual form. It also contained the common money counts, and a count upon an insimul computassent. The defendant pleaded the general issue, with notice of set off. An order for a bill of particulars having been obtained, the plaintiff, in pursuance thereof, stated the particulars of his demand,…
1Opinion of the CourtWoodworth, J.
The question in this case is, whether, after payment to the bank, the notes continued negotiable, and could be transferred to the plaintiff, so as to enable him to sustain an action in his own name ? The objection to the right of recovery is merely to the form of action. It is urged on this principle, that by payment of a bill or note, the contract of the parties to it ceases. It is not necessary to controvert this proposition, in order to decide the present cause. A remedy in this form, on the note itself, is certainly convenient; and if it can be shown that no injury can arise by sustaining…
2Cases cited3 opinions
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
- O'Callaghan v. SawyerNew York Supreme Court · 1809
- Lansing v. LansingNew York Supreme Court · 1811
3Cited by6 opinions
- Peck v. ListWest Virginia Supreme Court · 1883
- Gibson v. ConnerSupreme Court of Georgia · 1847
- McMillan v. HarrisSupreme Court of Georgia · 1900
- Howell v. . McCrackenSupreme Court of North Carolina · 1882
- Ballard v. Inhabitants of GreenbushSupreme Judicial Court of Maine · 1844
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