Barrick v. Austin
New York Supreme Court
THIS action was brought to recover the amount due on a promissory note, of which the following is a copy: “ $>200. Three months after date, for value received, we jointly and severally promise to pay the president, directors and company of the Seneca County Bank, two hundred dollars, payable at their bank in Waterloo, with use. Dated Phelps, December 20th, 1847. (Signed) James G. Austin. Abraham Van Buskirk. George R. Parburt. Eli Westfall.”
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THIS action was brought to recover the amount due on a promissory note, of which the following is a copy: “ $>200. Three months after date, for value received, we jointly and severally promise to pay the president, directors and company of the Seneca County Bank, two hundred dollars, payable at their bank in Waterloo, with use. Dated Phelps, December 20th, 1847. (Signed) James G. Austin. Abraham Van Buskirk. George R. Parburt. Eli Westfall.” The action was against all the makers. The facts are stated in the opinion of the court, sufficiently for an understanding of the points decided. The…
1Opinion of the Court
By the Court, Welles, J.
The complaint alleges that the note in question was made payable and delivered to the president, directors and company of the Seneca County Bank, and that the plaintiffs’ testator derived his title to it by transfer and assignment thereof to him by the bank, in his lifetime.
At the time the plaintiff rested, the only evidence to prove the note was ever delivered to the bank, was the assignment by the cashier, indorsed upon the note, which was without date, or any evidence of the time when it was made. If it was essential to the maintenance of the action, to prove the…
2Cases cited1 opinion
- Bank of Rutland v. BuckNew York Supreme Court · 1830
3Cited by8 opinions
- Smith v. LawsonWest Virginia Supreme Court · 1881
- Bartholomew v. LyonNew York Supreme Court · 1874
- Carnright v. GrayNew York Supreme Court · 1890
- Schweitzer v. FargoNew York Court of Appeals · 1930
- Muller v. Orden GermaniaThe Superior Court of the City of New York and Buffalo · 1892
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