Sawyer v. Chambers
New York Supreme Court
APPEAL from a judgment entered at a special term in an action upon a promissory note, brought by Henry g. Sawyer and others, as indorsees, against Thomas Chambers, Morris J. Earl, and Robert S. Buchanan, defendants, as indorsers. The issue came on for trial before Hon. Wm.
Read the full summary
APPEAL from a judgment entered at a special term in an action upon a promissory note, brought by Henry g. Sawyer and others, as indorsees, against Thomas Chambers, Morris J. Earl, and Robert S. Buchanan, defendants, as indorsers. The issue came on for trial before Hon. Wm. J. Bacon and a jury, on the 26th day of June, 1861. Upon such trial the plaintiffs read as evidence in their behalf a promissory note, of which the following is a copy : “Office of the U. S. Vulcanized ) G-utta Percha Éelting and Packing Co. ) $6000. New York, Sept. 9, 1858. Four months after date, we promise to pay to the…
1Opinion of the Court
By the Court, Ingraham, P. J.
The defense set up in this case must be considered as sufficiently alleged in the answer, as the answer was amended by the court, to embrace the facts so stated.
Whether this is to be considered an offer to show a total or partial failure of consideration between the plaintiffs and the makers, is immaterial. Between the original parties such a defense is admissible. The offer was to show that the whole consideration of the note, or the greater part of it, had failed ; that the note was given on account of the goods, which the plaintiffs had agreed to sell to the…
2Cases cited1 opinion
- Boyd v. . CummingsNew York Court of Appeals · 1858
3Cited by8 opinions
- Bookstaver v. . JayneNew York Court of Appeals · 1875
- German Bank v. DeShonSupreme Court of Arkansas · 1883
- Bouton v. HillAppellate Division of the Supreme Court of the State of New York · 1896
- Fisher v. SharpeNew York Court of Common Pleas · 1874
- Bookstaver v. JayneNew York Court of Appeals · 1875
3 more not listed; retrieve them via the Exa API.