Strong v. Tompkins
New York Supreme Court
THIS was an action of assumpsit, brought by the P^a'rat'1®'i as endorsee of a promissory note, for 500 dol - lars, against the defendants, as makers, dated 29th May, ° 1807, payable to Henry Pitcher or order, on the 1st May, 1809. There was a blank endorsement s6o. the payee, and by Isaac Spoor, which endorsement was made before the note became due.
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THIS was an action of assumpsit, brought by the P^a'rat'1®'i as endorsee of a promissory note, for 500 dol - lars, against the defendants, as makers, dated 29th May, ° 1807, payable to Henry Pitcher or order, on the 1st May, 1809. There was a blank endorsement s6o. the payee, and by Isaac Spoor, which endorsement was made before the note became due. The cause was triec[ at tjie Columbia circuit, in September, 1810, before ^ •* Mr. Justice Thompson. . The defendants gave m evidence a receipt, signed by the plaintiff, as follows: “ Received from Henry Pitcher, a promissory note, drawn by…
1Per curiam
The plaintiff, as deputy sheriff, took the note in question, instead of taking bail of Pitcher and Spoor. He took it by way of indemnity, and under the penalty of a forfeiture of the note, if he was not indemniiu d ; and the note was to be applied towards the settlement of the demands, for which P. and S. were sued. All this agreement was absolutely void, by the statute, (Laws, vol. 1. p. 210.) which declares, that “ no sheriff or oilier officer shall take any obligation, for any cause aforesaid, or by colour of their office, but only to themselves, and by the name of their office, and upon…
2Cited by4 opinions
- Wilson v. . LittleNew York Court of Appeals · 1849
- Decker v. . JudsonNew York Court of Appeals · 1857
- Armstrong v. GarrowNew York Supreme Court · 1826
- Armstrong v. GarrowNew York Supreme Court · 1826