Cook v. Litchfield
The Superior Court of New York City
This action comes before the General Term, on a verdict for the plaintiff, taken, subject to the opinion of the Court on questions of law directed to be heard at the General Term, in the first instance.
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This action comes before the General Term, on a verdict for the plaintiff, taken, subject to the opinion of the Court on questions of law directed to be heard at the General Term, in the first instance. It is brought by Edward Cook, as plaintiff and endorsee, against Elisha C. Litchfield, as defendant, and as payee ahd endorser of three promissory notes, each of the same date and amount, and each being dated, “ Detroit, April 2d, 1849,” each made by “ J. L. Carew,” and each payable, with interest, to the order of the defendant, “ at the Bank of Hew York, in the City of Hew York,” one at ten,…
1Opinion of the Court
I. This Court, on the previous hearing, disposed of all the questions presented upon the facts as they then appeared, and nothing now remains open, so far as those facts are concerned, except the question, whether the notice to the defendant, as the endorser of *145the notes in suit, was sufficient. (Cook v. Litchfield, 5 Sandf. S. C. 330; S. C., 5 Seld. 279.)
n. The notes, in suit, were given for a debt contracted by a firm of which the defendant was a dormant partner, and for which debt he was liable.
HI. He received an assignment of all the effects of the firm, and the one which succeeded it,…
2Cases cited3 opinions
- President of the Bank of Alexandria v. SwannSupreme Court of the United States · 1835
- Walker v. Griffin's HeirsSupreme Court of the United States · 1826
- Bank of Rochester v. GouldNew York Supreme Court · 1832
3Cited by1 opinion
- Davenport v. GilbertThe Superior Court of New York City · 1860