Jermain v. Denniston
New York Court of Appeals
Appeal from the final judgment of the Supreme Court, in favor of the plaintiff, entered upon the report of a referee. (Reported below, 5 Den. 342.) This was an action of assumpsit by the indorsee of a promissory note against the maker and indorser. The maker, William J. Worth, died, after judgment below, and this appeal was taken by Denniston, the indorser.
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Appeal from the final judgment of the Supreme Court, in favor of the plaintiff, entered upon the report of a referee. (Reported below, 5 Den. 342.) This was an action of assumpsit by the indorsee of a promissory note against the maker and indorser. The maker, William J. Worth, died, after judgment below, and this appeal was taken by Denniston, the indorser. On the trial of the case, before a referee, it appeared, that the defendant, Denniston, was the indorser of William J. Worth’s note for $7000, dated February 17th, 1840, payable to Denniston’s order, three months after date, at the…
1Opinion of the CourtRuggles, C. J.
(after stating the facts.) — The referee erred in excluding this evidence. Conceding it to be settled in this state, that mere declarations made by the holder of a promissory note, while he is the holder and owner, are not admissible against one to whom it is subsequently transferred for value, after due, yet the evidence offered should have been admitted. The evidence was more than the declaration of the holder and owner; the entries offered were his act, and operated as an actual acquittance and discharge of the debt due on the note. The learned judge who delivered the opinion of the…
2Cited by1 opinion
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