Sternbergh v. Provoost
New York Supreme Court
This was an action of assumpsit, tried before the Hon. N. Dayton, circuit judge, at the Erie county circuit, on the 19th day of June, 1846. The plaintiffs proved the signature of the defendant to, and the indorsement by John W. Stewart, of the following note, and read the same in evidence, viz.: “ $592,í^o- Sixty-three days after date, I promise to pay to the order of J. W. Stewart, at the Mechanics’ Bank, of Buffalo, five hundred ninety-two dollars, for value received.
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This was an action of assumpsit, tried before the Hon. N. Dayton, circuit judge, at the Erie county circuit, on the 19th day of June, 1846. The plaintiffs proved the signature of the defendant to, and the indorsement by John W. Stewart, of the following note, and read the same in evidence, viz.: “ $592,í^o- Sixty-three days after date, I promise to pay to the order of J. W. Stewart, at the Mechanics’ Bank, of Buffalo, five hundred ninety-two dollars, for value received. Buffalo, October 17, 1839. (Signed) James P. Provoost.” (Indorsed) “ J. W. Stewart.” That the amount appearing to be due…
1Opinion of the Court
By the Court, Welles, J.
The first objection on the part of the defendant is, that the note in question was taken by Stewart, the deputy sheriff, by color of his oflice, and for ease and favor, and is void under the statute. (2 R. S. 286, § 59; 3d ed. p. 384.)
The note was given after the sheriff had been attached, and after Stewart had paid the amount of the execution to the plaintiffs, therein. In my opinion, therefore, the case is not within the statute referred to. (Doty v. Wilson, 14 John. 378. Given v. Driggs, 1 C. R. 450. Baker v. Martin, 3 Barb. S. C. R. 634.)
It is also objected…
2Cases cited2 opinions
- Doty v. WilsonNew York Supreme Court · 1817
- Smith v. WareNew York Supreme Court · 1816
3Cited by3 opinions
- Davis & Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- Hickok v. BuntingAppellate Division of the Supreme Court of the State of New York · 1902
- Hickok v. BuntingAppellate Division of the Supreme Court of the State of New York · 1902