Curtis v. Brooks
New York Supreme Court
THIS action was tried at the Cattaraugus circuit in J une, 1861, before Justice Grover and a jury. On the trial it was proved, in substance, that in January, 1860, the defendant sold the plaintiff a promissory note for $500, bearing date March 20, 1856, and payable the first day of October then next, to the defendant or bearer, and made by one Adams and by one Fanny J. Stone.
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THIS action was tried at the Cattaraugus circuit in J une, 1861, before Justice Grover and a jury. On the trial it was proved, in substance, that in January, 1860, the defendant sold the plaintiff a promissory note for $500, bearing date March 20, 1856, and payable the first day of October then next, to the defendant or bearer, and made by one Adams and by one Fanny J. Stone. That at the time of making said note the said Fanny was sole and unmarried, but subsequently, and before the sale of the note, she and the defendant intermarried, and have ever since been husband and wife. That at the…
1Opinion of the Court
By the Court,
Davis, J.
The only ground on which the plaintiff claims to be entitled to recover is upon an implied warranty of the validity of the note ; and this is the only question necessary to be examined. This court, at generall term, lately held, in respect to the very note above mentioned,I that the intermarriage of Fanny J. Stone, the maker, with! Brooks. the payee and holder, operated to discharge the note, and all liability thereon on the part of the maker. (MS. opinion by Soyt, J.) This being the law on the case, we must hold the note, at the time of its transfer by the defendant to…
2Cases cited1 opinion
- Dresser v. AinsworthNew York Supreme Court · 1850
3Cited by4 opinions
- Carpentier v. MinturnNew York Supreme Court · 1873
- Wright v. WrightNew York Supreme Court · 1871
- Brown v. CongerNew York Supreme Court · 1876
- People's Bank v. BogartNew York Supreme Court · 1878