Mott v. Petrie
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit in April, 1834, before the Hon. EsekCowen, then one of the circuit judges. The plaintiff declared on a joint promissory note, given by Adam Petrie and JohnD. Petrie for $554,95, bearing date 27th April, 1829, payable to John Graves, orbearer, one day after date. The suit was against John D. Petrie, survivor oí Adam Petrie.
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This was an action of assumpsit, tried at the Oneida circuit in April, 1834, before the Hon. EsekCowen, then one of the circuit judges. The plaintiff declared on a joint promissory note, given by Adam Petrie and JohnD. Petrie for $554,95, bearing date 27th April, 1829, payable to John Graves, orbearer, one day after date. The suit was against John D. Petrie, survivor oí Adam Petrie. On the trial, the signatures of the makers of the note were admitted, and it was also admitted that Adam Petrie died in August, 1831. On the part of the defendant, it was proved that the note in question was given…
1Opinion of the Court
By the Court,
Nelson, J.
The declaration charges a joint indebtedness against the defendant as survivor of A. Petrie, deceased, \m a promissory note; and to maintain the action, it must be proved as laid. 2 T. R. 478. 1 Chilly’s Pl. 31. 1 East, 52.
It was not necessary to have noticed the decease of the joint debtor in the declaration, though it is more formal to do so, 1 Chitty, 28. 1 Johns. Cas. 405; 1 Barn, & Ald. 29 ; 4 id. 452 ; the evidence, however, should be the same to author*319ize a recovery upon the note. The reverse as to pleading is the rule in the case of a surviving plaintiff. 4…
2Cases cited1 opinion
- Goelet v. M'KinstryNew York Supreme Court · 1800
3Cited by1 opinion
- Fetz v. C. S. Clark & Co.Supreme Court of Minnesota · 1862