Wardell v. Pinney
New York Supreme Court
This was an action of assumpsit on a promissory note, tried at the Herkimer circuit, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of assumpsit on a promissory note, tried at the Herkimer circuit, before the Hon. Nathan Williams, one of the circuit judges. The declaration, after stating the making of a certain promissory note by the defendant, proceeded as follows: “And then and there delivered the said note to the said plaintiffs, by which said note the said defendant promised to pay, four months after the date thereof, to the order of the said plaintiffs, at the Mohawk Bank, $179 13, for value received.” The note produced and proved on the trial, was payable to the order of Wardell, Van Burén Co. and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The declaration contained a count on a note, payable to the order of the plaintiffs. The note produced was payable to the order of Wardell, Van Burén Co. This was objected to on the ground of variance, but received subject to the opinion of this court. It was proved that the plaintiffs were partners, doing business as merchants under the firm of Wardell, Van Buren & Co. Had the declaration stated the note as given to the plaintiffs, by the name, style and description of Wardell, Van Burén & Co., there would have been no ground of objection. (3 Caines, 170.) There…
2Cases cited1 opinion
- President of Manhattan Co. v. Ledyard & LedyardNew York Supreme Court · 1803
3Cited by6 opinions
- Mechanics' & Farmers' Bank v. DakinNew York Supreme Court · 1840
- Lasselle v. HewsonIndiana Supreme Court · 1839
- Taylor v. CoquillardIndiana Supreme Court · 1839
- Wardens & Vestrymen of St. James Church v. MooreIndiana Supreme Court · 1849
- Andrews v. WilliamsSupreme Court of Connecticut · 1836
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