Gale v. Myers
Superior Court of Delaware
Assumpsit on a promissory note. The copy of the cause of action with the affidavit of the plaintiff filed was as follows. $850.00. Dover, May 5th, 1873. bíinety days after date, we promise to pay John C. Gale, or order, at the Farmers Bank of the State of Delaware, at Dover, three hundred and fifty dollars, without defalcation, value received. Credit the drawer. Abraham Myers. B. C. Hinds.
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Assumpsit on a promissory note. The copy of the cause of action with the affidavit of the plaintiff filed was as follows. $850.00. Dover, May 5th, 1873. bíinety days after date, we promise to pay John C. Gale, or order, at the Farmers Bank of the State of Delaware, at Dover, three hundred and fifty dollars, without defalcation, value received. Credit the drawer. Abraham Myers. B. C. Hinds. The affidavit alleged that it was a true copy of the note on which the suit was brought, and that the sum demanded as due thereon to the plaintiff from the above named defendant, Abraham Myers, and one of…
1Opinion of the Court
The Court,
Wootten and Wales, Associate Judges, Grid- pin, Chief Justice, absent. This is a grave question of law which has never been passed upon, or directly decided by this, or any other court in the State, and it is a fact of no little weight and effect, that it is the first time that such an action has been brought on a promissory note made by two or more persons, as common as they have been, in any court in this State within our knowledge. There is one marked peculiarity which distinguishes such an instrument from other written contracts in general, and that is their negotiability and…
2Cited by1 opinion
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