American Life Ins. & Trust Co. v. Dobbin
New York Supreme Court
Assumpsit to recover the amount of a promissory note, dated July 27, 1839, signed Evans and Carman, for one thousand dollars, payable to the order of James Dobbin, four months from date with interest, and indorsed by said Dobbin. The general issue was pleaded. The cause was tried in May, 1843, before Kent, Cir. J. The plaintiffs wore admitted to be a corporation duly created and organized by and under an act of the legislature of the state of Maryland.
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Assumpsit to recover the amount of a promissory note, dated July 27, 1839, signed Evans and Carman, for one thousand dollars, payable to the order of James Dobbin, four months from date with interest, and indorsed by said Dobbin. The general issue was pleaded. The cause was tried in May, 1843, before Kent, Cir. J. The plaintiffs wore admitted to be a corporation duly created and organized by and under an act of the legislature of the state of Maryland. It was admitted that James Dobbin died shortly after the date of the note in suit and that the defendants were his executors. The indorsément…
1Opinion of the Court
By the Court,
Beardsley, J.
The note of Holmes & Carroway indorsed by James Dobbin, the defendants’ testator, was given to Evans & Carman for goods sold by them, and in their hands was an ordinary business note which they would have had an undoubted right to collect at maturity. In February, 1837, when this note had about four months to run, Evans & Carman, who then held it, applied to the plaintiffs at their office in the city of New York, to obtain the money upon it, which they thereupon agreed to advance, first deducting from the amount of the note interest for the time it had to run, and…
2Cases cited7 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Nellis v. ClarkNew York Supreme Court · 1838
- United States v. FurlongSupreme Court of the United States · 1820
- Nichols v. FearsonSupreme Court of the United States · 1833
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
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