Powell v. Waters
New York Supreme Court
THIS was an action of assumpsit, tried before Mr. Justice Van Ness, at the Orange circuit, in December, 1818. The plaintiffs declared, as third endorsees, against the defendant, as first endorsor of a promissory note, dated July 14, 1814, for 1,500 dollars, made by Benjamin Wood, payable ninety days after date, at the bank of Newburgh, to the defendant or order, who endorsed it to R. Sf W. Smith, who endorsed it to J. and T. Powell Sf Co., by whom it was endorsed to the…
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THIS was an action of assumpsit, tried before Mr. Justice Van Ness, at the Orange circuit, in December, 1818. The plaintiffs declared, as third endorsees, against the defendant, as first endorsor of a promissory note, dated July 14, 1814, for 1,500 dollars, made by Benjamin Wood, payable ninety days after date, at the bank of Newburgh, to the defendant or order, who endorsed it to R. Sf W. Smith, who endorsed it to J. and T. Powell Sf Co., by whom it was endorsed to the plaintiffs. *At the trial, the defendant called Wm. Smith, one of the endorsors of the note, to prove that the note was made…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the court. The material points in the cause are, whether the note in question was fraudently put into circulation? whether the plaintiffs are bona fide holders of it ? and whether the confession of one of the plaintiffs, that the note was usuriously discounted, was admissible evidence ? There is no force in the objections, that the indulgence granted by the plaintiffs to Wood, discharged the defendant, or as to the overruling the proof, of what a witness had sworn on a former trial, as to usury in the transaction. It is decisive, as to these points,…
2Cited by41 opinions
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- Griffith v. RefordSupreme Court of Pennsylvania · 1829
- Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898
- Hunt v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
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