Partridge v. Colby
New York Supreme Court
APPEAL by the defendant Nason, from a judgment entered . upon the report of a referee.
1Opinion of the Court
By the Court,
Marvin, P. J.
The action is upon a note in these words: “ For value received, I promise to pay C. W. Na-son, or bearer, sixty-five dollars, in six months from date, and use, at my house.” Signed, W. Colby, Charles W. Nason.
Colby made no defense. The deféndant Nason is the samé person mentioned in the note as payee. He defends. On the trial he offered to prove that the note was made by Colby on the day of its date, and delivered to him, Nason, in part payment of a pair of horses; that subsequently, and before the maturity of the note, he, N., purchased a horse of the plaintiff, and…
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