Stafford v. Bryan
Court for the Trial of Impeachments and Correction of Errors
Error from chancery. In December, 1826, the appellant, as the survivor of the firm of Staffords and Spencer, filed a bill of discovery in the court of chancery, alleging the making of a promissory note by the respondent to the firm of Staffords and Spencer, for the sum of $821,24, bearing date the 14th June, 1814, and payable on demand, alleging the loss or destruction of the note, and averring several acknowledgments of the note or new promises made by the defendant within…
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Error from chancery. In December, 1826, the appellant, as the survivor of the firm of Staffords and Spencer, filed a bill of discovery in the court of chancery, alleging the making of a promissory note by the respondent to the firm of Staffords and Spencer, for the sum of $821,24, bearing date the 14th June, 1814, and payable on demand, alleging the loss or destruction of the note, and averring several acknowledgments of the note or new promises made by the defendant within a year before the filing of the bill, and particularly stating an offer made by an authorized agent of the respondent in…
1Opinion of the CourtJustice Sutherland
delivered the following opinion: The answer of the defendant being responsive to and fully denying every material allegation in the bill must prevail, unless it be disapproved by more than one witness. Joab Stafford and Spencer Stafford, junior, the sons of the appellant, are the only witnesses who contradict the answer with respect to the acknowledgment of indebtedness by the defendant within six years. It will be observed that neither of these witnesses pretend that the note in question, or any other note, was mentioned by the defendant, or expressly alluded to by him ; he only admitted, in…
2Cited by7 opinions
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- Fitzgerald v. Alexander & MullenNew York Supreme Court · 1838
- Belles v. BellesSupreme Court of New Jersey · 1831
- Blair v. DrewSuperior Court of New Hampshire · 1833
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