Harris v. Wilson
New York Supreme Court
This was an action of assumpsit, tried at the Washington circuit in November, 1829, before the Hon. Esek Cowen, one of the circuit judges.
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This was an action of assumpsit, tried at the Washington circuit in November, 1829, before the Hon. Esek Cowen, one of the circuit judges. This action was on a promissory note for $1000, given by the defendant and one E. W. Judd to the plaintiff bearing date 1st May, 1824. On the same day that the note bore date, the plaintiff, the-defendant and Judd executed an instrument in writing, stating that since the 1st January, 1821, they had been in partnership in a marble manufacturing company at Middlebury, in Vermont, and agreeing to continue such partnership, and to establish a branch within…
1Opinion of the Court
By the Court.
This action is brought on a promissory note made by the defendant and one Judd, jointly and severally to the plaintiff. The defence is, that the money for which the note was given, was put into a company, formed by the parties to this suit, and had been brought into the adjustment of their concerns ; or as their affairs had been settled by arbitration, that it was within the submission, and is to be considered as included in the award. The note itself shews that the money was loaned to the defendant and Judd. To countervail this evidence, the defendant offered to prove that the…
2Cited by20 opinions
- People v. MarksNew York Court of Appeals · 1959
- Morgan v. FreesNew York Supreme Court · 1852
- J. F. O'Connor & Co. v. Smith & GethingTexas Supreme Court · 1892
- Cairns v. MooneySupreme Court of Vermont · 1890
- Cuyler v. McCartneyNew York Supreme Court · 1860
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