Haxton v. Bishop
New York Supreme Court
This was an action of assumpsit, tried at the Greene cir-t ' cuit, in April, 1829, before the Hon. William A. Duer, one of the circuit judges. J ° ■ The declaration contained a count against the defendant as mafcer 0f a promissory note for $1000, dated 35th May, 1836, payable in 90 days to Ira T. Day, at the Greene County Bank, and endorsed by him and Horace Austin. There were also the common money counts.
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This was an action of assumpsit, tried at the Greene cir-t ' cuit, in April, 1829, before the Hon. William A. Duer, one of the circuit judges. J ° ■ The declaration contained a count against the defendant as mafcer 0f a promissory note for $1000, dated 35th May, 1836, payable in 90 days to Ira T. Day, at the Greene County Bank, and endorsed by him and Horace Austin. There were also the common money counts. The defendant pleaded the general issue and gave notice that on the trial of the cause he would prove that the note in question was dis- ‘ counted by the Greene County Bank for the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Several questions were raised in the progress of the trial, which will be noticed in their order.
1. It was objected that the plaintiffs could not declare as endorsees, but should have declared specially as receivers. The judge decided that the action was well brought by the plaintiffs as endorsees. To this decision, I can see no objection. 'In point of form, the paintiffs shew a good title to the nóte, and in point of fact, they had title as receivers, if not as assignees; and, as the defendant was not thereby deprived of any defence which he would have had if they…
2Cited by61 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Vanderpoel v. . GormanNew York Court of Appeals · 1894
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Harker v. AndersonNew York Supreme Court · 1839
- Pyles v. Furniture Co.West Virginia Supreme Court · 1887
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