Stearns v. Tappin
The Superior Court of New York City
This was an action by the plaintiff as endorsee, against the defendants as makers of a promissory note, dated Nov. 24, 1845, for the sum of $980.89, payable two months after date, to the order of Clarke & Co., signed by the defendants in their partnership name of Coggeshall & Tappin, and endorsed, without recourse, by the payees, to the plaintiff. The defence in the answer of Tappin, who alone appeared, was the Statute of Limitations and a release.
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This was an action by the plaintiff as endorsee, against the defendants as makers of a promissory note, dated Nov. 24, 1845, for the sum of $980.89, payable two months after date, to the order of Clarke & Co., signed by the defendants in their partnership name of Coggeshall & Tappin, and endorsed, without recourse, by the payees, to the plaintiff. The defence in the answer of Tappin, who alone appeared, was the Statute of Limitations and a release. The cause was tried before Campbell, J., and a jury, in May, 1855. The plaintiff produced, and read in evidence the note in question, and rested.…
1Opinion of the Court
By the Court. Oakley, Ch. J.
Whatever may be the true construction of the provision in the Revised Statutes, which permits an inquiry into the consideration of a sealed instrument, it has, assuredly, never been construed, nor do we think that it can reasonably be construed, as altering the rule of the common law, by which a release under seal operates, per se, as an extinguishment of the debt to which it refers; and although liable to be avoided by proof that it was obtained by fraud or duress, is not open to contradiction by parol evidence. There is a wide distinction, as Mr. Justice Cowen,…
2Cases cited6 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Dean v. HewitNew York Supreme Court · 1830
- Baker v. WheatonMassachusetts Supreme Judicial Court · 1809
- Depuy v. SwartNew York Supreme Court · 1829
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3Cited by11 opinions
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Lehigh Val. Transp. Co. v. MillerCourt of Appeals for the Sixth Circuit · 1893
- Strong v. DeanNew York Supreme Court · 1869
- Clarke v. TappinSupreme Court of Connecticut · 1864
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