Bates v. . Rosekrans
New York Court of Appeals
This action was brought upon a joint and several promissory note, dated September 11th, 1851, for the payment of $2,553.71, made by the Defendant and one Andrew Bigham to the order of, and endorsed by, Bates & Griffin. On the trial, the Defendant’s counsel made a motion for judgment upon the pleadings, upon the ground that the Plaintiff had not replied to the counter-claims of the Defendant contained in the answer.
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This action was brought upon a joint and several promissory note, dated September 11th, 1851, for the payment of $2,553.71, made by the Defendant and one Andrew Bigham to the order of, and endorsed by, Bates & Griffin. On the trial, the Defendant’s counsel made a motion for judgment upon the pleadings, upon the ground that the Plaintiff had not replied to the counter-claims of the Defendant contained in the answer. The Court overruled the motion, and the Defendant’s counsel excepted. The Plaintiff’s counsel then read in evidence the note above described, and found the amount of interest due…
1Opinion of the CourtTIuNt, J.
-The facts recited in the amended pleading introduced in evidence did not establish a payment.
Before the maturity of the original note, “ and to provide for the payment of the same,” one of the joint and several makers thereof delivers to the holder his own note payable to the same parties in the original note named. Providing for the payment of a note, and the actual payment thereof, are quite different things. In the case in hand, the same evidence that showed a provision for payment, showed also that no payment was in fact made. As often occurs in commercial transactions, the provision…
2Cases cited1 opinion
- Highland Bank v. DuboisNew York Supreme Court · 1848
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- Bank of New York v. CerasaroAppellate Division of the Supreme Court of the State of New York · 1983
- Matteson v. EllsworthWisconsin Supreme Court · 1873
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