Wells & Spring v. Evans
New York Supreme Court
This was an action of assumpsit^ tried at the New-York circuit in May, 1837, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiffs are endorsees of a promissory note for S3,000, made by the defendants to Samuel S. Hill, dated 27th July, 1835, payable twelve month's after date. The defendants were partners in trade, and the note was signed in the partnership name, “ Thomas Evans & Sons,” by Thomas Evans, the senior partner.
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This was an action of assumpsit^ tried at the New-York circuit in May, 1837, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiffs are endorsees of a promissory note for S3,000, made by the defendants to Samuel S. Hill, dated 27th July, 1835, payable twelve month's after date. The defendants were partners in trade, and the note was signed in the partnership name, “ Thomas Evans & Sons,” by Thomas Evans, the senior partner. The defence set up was the following: On the 11th December, 1835, the plaintiffs united with several others, merchants of the city of New-York, in…
1Opinion of the Court
By the court, Co wen, J.
The points made on the argument in favor of a new trial, consist of three : first, That the proof proposed was proper to make out a partial payment, with an accord and satisfaction for the residue of the debt due from Hill, the endorser of the note ; or, in other words, a composition and discharge of Hill, for whose accommodation the defendants made the note; secondly, That Thomas Evans, one of the defendants’ firm, without the knowledge or assent of his copartners, drew the note in blank, to borrow money on his own individual *255account; and that Hill, without authority,…
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