Legal Opinion

Pease v. Morgan

New York Supreme Court

Decided February 15, 1811PublishedCited by 17 opinions

THIS cause came before the court on a writ of error from the court of common pleas of Onekia county. Morgan declared, in the court below, against John B. Pease and George Pease, for that whereas the said Johi; B. and George, on the 20th of May, 1799, at, &c. made. their note in writing, commonly called a promissory note, their own prope~ hands an-i names being therei.mto subscribed, by the name and description of John and George.

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THIS cause came before the court on a writ of error from the court of common pleas of Onekia county. Morgan declared, in the court below, against John B. Pease and George Pease, for that whereas the said Johi; B. and George, on the 20th of May, 1799, at, &c. made. their note in writing, commonly called a promissory note, their own prope~ hands an-i names being therei.mto subscribed, by the name and description of John and George. Pease, bearing date, &c. and then and there delivered the said note to Samuel Milliman and Zerah SmiTh, and thereby, for value received, promised the said Samuel uid…

1Per curiam

There was no averment in. the declaration that the defendants were partners, or acted under the firm of John 8? George Pease, but the declaration is, that the defendants made the note, “ their own proper hands and names being thereunto subscribed,” and the proof was, that only the defendant George signed the note. This was not sufficient to prove the contract as laid. There is no case or precedent to warrant such proof applied to such a declaration.

In The Manhattan Company v. Ledyard & Ledyard, (1 Caines’ Rep. 192.) there were the proper averments| and that case only decides that it was…

2Cited by17 opinions

  1. Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
  2. President of the Bank of the United States v. MossSupreme Court of the United States · 1847
  3. AnonymousU.S. Circuit Court for the District of Massachusetts · 1812
  4. Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
  5. Lisbon v. LymanSupreme Court of New Hampshire · 1870

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