Livingston v. Roosevelt
New York Supreme Court
THIS was an action of assumpsit. The plaintiff dedared on a promissory note, dated April HQ, 1805, drawn by the defendant, C. L R. payable to C. C. Roosevelt & Co. and indorsed by the said C. I. R. in the name of C. C. R. Co. to the plaintiff, who resides in the city of Netv-York. When the note became payable, it was regularly protested for non-payment, and notice given to C. C. Roosevelt. A judgment by default was entered against C. I Roosevelt.
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THIS was an action of assumpsit. The plaintiff dedared on a promissory note, dated April HQ, 1805, drawn by the defendant, C. L R. payable to C. C. Roosevelt & Co. and indorsed by the said C. I. R. in the name of C. C. R. Co. to the plaintiff, who resides in the city of Netv-York. When the note became payable, it was regularly protested for non-payment, and notice given to C. C. Roosevelt. A judgment by default was entered against C. I Roosevelt. The other defendant, C. C. R. pleaded non assumpsit. The cause was tried, at the Netv-York sittings, in December, 1807, before Mr. Justice Spencer.…
1Opinion of the CourtVan Ness, J.
Whether the plaintiff knew that the debt for which he received the partnership security, was the private debt of Cornelius I. Roosevelt, is a question of fact, and we are called upon to decide whether, if that question had been submitted to the jury, they ought not to have found for the defendant. The partnership was special, being limited to the sugar refining business in the city of New-York, where all the parties resided. At the time the partnership was formed, notice was given for two weeks, successively, of the nature and extent of it, in two daily-papers, published here, both of which…
2Cases cited2 opinions
- Livingston v. HastieNew York Supreme Court · 1804
- Drake v. ElwynNew York Supreme Court · 1803
3Cited by30 opinions
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- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- United States Bank v. BinneyU.S. Circuit Court for the District of Massachusetts · 1828
- Crosthwait v. RossTennessee Supreme Court · 1839
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