Steuben County Bank v. Stephens
New York Supreme Court
This was an action of assumpsit, tried at the Steuben circuit in November, 1833, before the Hon. Robert Monell, one of the circuit judges.
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This was an action of assumpsit, tried at the Steuben circuit in November, 1833, before the Hon. Robert Monell, one of the circuit judges. The declaration contained counts for goods sold and delivered, for work, labor and services, for money lent, paid, and had and received, and on an account stated—and at the foot of the declaration, after the words, “ and therefore they bring suit, &c.” followed these words : “ This suit is brought to recover the amount due on a note, of which the following is a copy, viz. ‘ Bath, February 20, 1833. 'Ninety days after date, I promise to pay to the order of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This case presents two points, First. Whether, when the plaintiff intends to recover against the maker and endorser of a promissory note in the same suit, he can insert any count in his declaration except the money counts. Second.. Whether he must prove upon the trial the service, of a copy of the note with the declaration. This suit against the maker and endorsers of a promissory note is authorized by the act of April 25, 1832. Session Laws of 1832, p. 489. The first section is as follows: “ It shall be lawful for the holder of any bill of exchange or promissory…
2Cited by1 opinion
- People ex rel. Union Bank v. New York C. P.New York Supreme Court · 1838