Jones v. Swan
New York Supreme Court
This was an action of assumpsit tried at the New-York circuit in October, 1828, before the Hon. Ogden Edwards, one of the circuit judges, and a verdict entered for the plaintiffs for $5,709,58, subject to the opinion of the court on a case made, with an agreement annexed, that a nonsuit should be entered, if the court should be of opinion that the plaintiffs were not entitled to recover.
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This was an action of assumpsit tried at the New-York circuit in October, 1828, before the Hon. Ogden Edwards, one of the circuit judges, and a verdict entered for the plaintiffs for $5,709,58, subject to the opinion of the court on a case made, with an agreement annexed, that a nonsuit should be entered, if the court should be of opinion that the plaintiffs were not entitled to recover. The action was brought on two promissory notes, amounting together to $4,716,44, dated 20th of July, 1825, payable 90 days after date, to William Chapman, made by the defendants, and endorsed by him. The suit…
1Opinion of the Court
Br the-Court.*
The-verdict in this case was taken subject to the opinion of this court upon the facts. There is no room to question that Stansbury’s name was used by Chapman as a mere matter of convenience, and the plaintiffs were apprised of it. That the plaintiffs were bona fide holders of the promissory notes was urged on the argument, but the facts of the case do not warrant the position. They knew of, and assented to the agreement of the 6th of October; they must have been aware of Chapman’s object in employing them to procure for him the notes; and though on the day they came to…
2Cases cited2 opinions
- M'Allister v. ReabNew York Supreme Court · 1830
- Spalding v. VandercookNew York Supreme Court · 1829
3Cited by2 opinions
- Holsman v. AbramsThe Superior Court of New York City · 1853
- Billis v. The Steamboat "Henrietta"Supreme Court of Minnesota · 1856