Van Ness v. Bush
New York Supreme Court
Appeal from a judgment entered on the report of a referee. This action was founded upon a promissory note of §200, made by defendant, and payable to Isaac Bush, or order, ninety days after date, and dated July 17, 1852. The note was indorsed by Isaac Bush, and by him transferred to plaintiff, about the 12th or 14th of December, 1857. The defendant’s original answer, under oath, Dec. 28, 1857, denied the allegation in the complaint, that defendant had not paid said note, &c.,…
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Appeal from a judgment entered on the report of a referee. This action was founded upon a promissory note of §200, made by defendant, and payable to Isaac Bush, or order, ninety days after date, and dated July 17, 1852. The note was indorsed by Isaac Bush, and by him transferred to plaintiff, about the 12th or 14th of December, 1857. The defendant’s original answer, under oath, Dec. 28, 1857, denied the allegation in the complaint, that defendant had not paid said note, &c., and alleged that Isaac Bush was the owner of the note until it arrived at maturity, and that at or about the time of…
1Opinion of the Court
By the Court.—Rosekrans, J.
The defendant, in his origi nal answer, put in issue, first, the transfer of the note mentioned in the complaint by the payee to the plaintiff; and, secondly, averred that the payee was the owner of the note until its maturity ; and that while he was such owner, and before it was transferred to the plaintiff, the defendant paid it to the payee.
On the trial he applied to the referee to amend his answer, by setting up that the note was made by him for the accom*36modation. of the payee, and was taken up by the payee at maturity, and was subsequently delivered by the…
2Cases cited4 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Brown v. KimballNew York Supreme Court · 1840
- Catlin v. HansenThe Superior Court of New York City · 1852
- Beardsley v. StoverNew York Supreme Court · 1852
3Cited by6 opinions
- Ft. Wayne & Southwestern Traction Co. v. Ft. Wayne & Wabash Railway Co.Indiana Supreme Court · 1908
- Vibbard v. RoderickNew York Supreme Court · 1868
- Estate of MunzorNew York Surrogate's Court · 1893
- Brown v. GillettWashington Supreme Court · 1903
- Perry v. LevensonAppellate Division of the Supreme Court of the State of New York · 1903
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