Dayton v. Trull
New York Supreme Court
This was an action of debt on judgment, tried at the Washington circuit in November, 1837, before the Hon. John Willard, one of the circuit judges. The plaintiff produced the record of a judgment in his favor [ *346 ] against the defendant for $275,16, docketed on the *17th August, 1829, and rested.
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This was an action of debt on judgment, tried at the Washington circuit in November, 1837, before the Hon. John Willard, one of the circuit judges. The plaintiff produced the record of a judgment in his favor [ *346 ] against the defendant for $275,16, docketed on the *17th August, 1829, and rested. The defendant then gave in evidence a receipt signed by the plaintiff, as follows; “ Supreme court — Jehiel Dayton vs. Willard Trull, Jun. — Received, 15th February, 1832, of the defendant fifty dollars in cash, and his drafts on Clark Rice, Jun. for one hundred and seventy-five dollars, payable,…
1Opinion of the CourtBronson, J.
By the Court, Theplaintiff cannot recover the full amount of the judgment, without giving some account- of the bills. He should, at least, have produced and cancelled them on .the trial, or shown what had become of them. For aught that appears, they may have been paid by the drawee, or be now outstanding, and the defendant liable as drawer to some third person to whom the bills may have been negotiated.
*The plainliff insists that the onus lies on the defendant, and [ *347 ] that he must show the bills paid, before he can claim any deduction from the amount of the judgment. But I think otherwise.…
2Cases cited1 opinion
- Jones v. SavageNew York Supreme Court · 1831
3Cited by19 opinions
- Murray v. GouverneurNew York Supreme Court · 1800
- Davis v. ParsonsMassachusetts Supreme Judicial Court · 1893
- Roosevelt v. Bull's Head BankNew York Supreme Court · 1866
- Jennison v. ParkerMichigan Supreme Court · 1859
- Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
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