Baker v. Martin
New York Supreme Court
Motion to set aside the report of a referee. The action was assumpsit. The plaintiff declared upon a promissory note dated Feb. 27, 1842, drawn by Chester Johnson, and payable to the order of J. R. Martin, (the defendant’s intestate,) for $325,22, ninety days after date, at the Troy City Bank, endorsed by J. R. Martin, Wm. Baker, (the plaintiff,) and James Burton. The declaration also contained the money counts.
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Motion to set aside the report of a referee. The action was assumpsit. The plaintiff declared upon a promissory note dated Feb. 27, 1842, drawn by Chester Johnson, and payable to the order of J. R. Martin, (the defendant’s intestate,) for $325,22, ninety days after date, at the Troy City Bank, endorsed by J. R. Martin, Wm. Baker, (the plaintiff,) and James Burton. The declaration also contained the money counts. The note was discounted by the Albany Exchange Bank for the payee, John R. Martin. It was protested for nonpayment, and notice given to the endorsers. The note, after it was overdue,…
1Opinion of the Court
By the Court,
Paige, J.
The counsel for the defendants, on the argument of this cause, made the following points, viz: 1. That the plaintiff endorsed the note in question for the purpose of giving the maker credit- with the defendants’ intestate; 2. That there was no evidence that the plaintiff made any payments upon the note; 3. That the judgment against the sheriff was a satisfaction of the judgment against the maker of the note, which discharged the plaintiff; and if the plaintiff made any payments thereafter he could not charge the defendants with the same; 4. That the report was against…
2Cases cited10 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
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- Butler v. WrightNew York Supreme Court · 1829
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