Clark v. Yale
New York Supreme Court
This was an action of assumpsit, tried at the Chenango circuit in October, 1831, before the Hon. Robert Monell, one of the circuit judges. The plaintiff declared as the bearer of a promissory note, made by the defendants on the 21st April, 1828 for the sum of $200, payable to Seth Powerman, or bearer, on the tenth day of June next after the date of the note.
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This was an action of assumpsit, tried at the Chenango circuit in October, 1831, before the Hon. Robert Monell, one of the circuit judges. The plaintiff declared as the bearer of a promissory note, made by the defendants on the 21st April, 1828 for the sum of $200, payable to Seth Powerman, or bearer, on the tenth day of June next after the date of the note. On the trial of the cause, the defendants admitted the execution of the note, but proved that on the third day of May 1828, an attachment was issued by a commissioner under the absconding debtor act against the estate of Seth Powerman,…
1Opinion of the Court
By the Court,
Sutherland, J.
The only question of law present by this case is, whether it was competent for the defendants, under the plea of the general issue, with an ordinary notice of set-off to show that the plaintiff was not the owner of the note on which the suit was brought; that it belonged to the trustees of Bowerman’s estate, and that they had paid it to them. Mr. Chitty observes, 1 Chitty’s Pl. 471, 2, 3, that, under the general issue in assumpsit, any matter may be given in evidence which tends to show that the plaintiff never had any cause of action, and most matters which show…
2Cases cited2 opinions
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Comstock v. HoagNew York Supreme Court · 1830
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