Devlin v. Brady
New York Supreme Court
THIS action was brought on a promissory note stated to have been made by the defendant, payable to his own order, and by him indorsed and delivered to George Mountjoy, who indorsed and delivered the same to a third person, by whom, it was alleged, the note was, before maturity, transferred and delivered to the plaintiff for a valuable consideration.
Read the full summary
THIS action was brought on a promissory note stated to have been made by the defendant, payable to his own order, and by him indorsed and delivered to George Mountjoy, who indorsed and delivered the same to a third person, by whom, it was alleged, the note was, before maturity, transferred and delivered to the plaintiff for a valuable consideration. The defense set up by the answer was that the note was made and delivered without consideration, or upon an illegal consideration, of which the plaintiff had notice when he received it. The jury, under the charge of the court at the circuit,…
1Opinion of the Court
By the Court,
Bonney, J.
At the trial of this action exceptions were taken by the plaintiff to the admission of certain questions proposed to the defendant, called as a witness on his own behalf, on the ground that the notice of his examination, given under section 399 of the code of 1857, was defective. I think the notice was sufficient to authorize the examination of the defendant; and this exception does not appear to have been referred to on the motion at special term, or there considered by the court.
After the evidence was closed, the plaintiff’s counsel requested the court to charge the…
2Cases cited1 opinion
- Harris v. Roof's ExecutorsNew York Supreme Court · 1851
3Cited by3 opinions
- Maguire v. SmockIndiana Supreme Court · 1873
- Sweeney v. Taylor'sCourt of Appeals of Kentucky · 1924
- Bliss v. MattesonNew York Supreme Court · 1868