Guy v. . Mead
New York Court of Appeals
Appeal from the Supreme Court. Action on a promissory note, made by the defendant, on the 13th day of July, 1843, payable one day after date, to George Sharts or bearer, for $250. It was transferred to the plaintiff, July 25th, 1854, and this action was commenced immediately afterwards. The defence set up was, payment to Sharts while he was the holder, and the statute of limitations.
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Appeal from the Supreme Court. Action on a promissory note, made by the defendant, on the 13th day of July, 1843, payable one day after date, to George Sharts or bearer, for $250. It was transferred to the plaintiff, July 25th, 1854, and this action was commenced immediately afterwards. The defence set up was, payment to Sharts while he was the holder, and the statute of limitations. There were two indorsements of payments written on the back of the note when it was produced at the trial—one of $90, January 20th, 1846, which was conceded to be correct, and another of $40, February 26th, 1849.…
1Opinion of the Court · DenioDenio, J.
The substance of the testimony of the witness Ingersoll was, that, while the note was in the hands of Sharts, the payee, he, at Sharts’ request, made a calculation, in writing, of the interest then due upon it, making a proper allowance for the payments indorsed on it; that, on consulting the writing, then in his hands, it appeared that it was made on the 1st day of April, 1848, and that there was no indorsement of $40 allowed for; that he fully believed that the statement was accurate, but that, aside from the written paper itself, he had no recollection as to the time when it was made. The…
Also in this document: Opinion of the Court · Davies.
2Cases cited4 opinions
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- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
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