Coit v. Beard
New York Supreme Court
THE plaintiff sued the defendant as the indorser of a promissory note made by one Peter Voorhis. The answer set up two defenses: 1. Usury. 2. A former action, and a recovery in favor of the defendant. The issues were tried at ‘the Hew York circuit, in April, 1859, before the Hon. T, B. Strong, a justice of this court, and a jury.
Read the full summary
THE plaintiff sued the defendant as the indorser of a promissory note made by one Peter Voorhis. The answer set up two defenses: 1. Usury. 2. A former action, and a recovery in favor of the defendant. The issues were tried at ‘the Hew York circuit, in April, 1859, before the Hon. T, B. Strong, a justice of this court, and a jury. The defendant read in evidence a judgment roll filed in the office of the clerk of the city and county of New York, on the 15th of March, 1858, in an action brought by Coit against Yoorhis and Beard, upon the same promissory note set out in the complaint in this…
1Opinion of the Court
By the Court,
Clerke, P. J.
The dismissal of the complaint, under the modern practice of ihe code, seems to me in all respects identical with a nonsuit in actions which formerly were called common law actions. In all actions of this *359nature, I think it was intended by the legislature in enacting the code, that the one term should be substituted for the other. It is also evident that the convocation of judges who framed and adopted the rules of this court, considered them identical. (See Rules 23, 24.) In the language of the superior court in Harrison v. Wood, (2 Duer, 50,) “the dismissal of a…
2Cases cited2 opinions
- Ex parte Mayor of AlbanyNew York Supreme Court · 1840
- Harrison v. WoodThe Superior Court of New York City · 1853
3Cited by10 opinions
- Wheeler v. . RuckmanNew York Court of Appeals · 1873
- Gummer v. Trustees of OmroWisconsin Supreme Court · 1880
- Dexter v. ClarkNew York Supreme Court · 1861
- Lake v. Artisans' BankNew York Court of Appeals · 1867
- Lake v. Artisans' BankNew York Court of Appeals · 1867
5 more not listed; retrieve them via the Exa API.