Coleman v. Wise
New York Supreme Court
This cause came before the' court, on a writ of error, from the Mayor’s Court, of the city of New-Yorlc. From the record it appeared that Robert Stewart and Hamilton Stewart were partners in trade, and that the defendant below on the second--day of December, 1803, made a • J .■ promissory note, payable to them or to their order, 45 days after date, for 200 dollars, whicli they indorsed to Winton, the intestate. . To the declaration on this note by the indorsee, the defendant…
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This cause came before the' court, on a writ of error, from the Mayor’s Court, of the city of New-Yorlc. From the record it appeared that Robert Stewart and Hamilton Stewart were partners in trade, and that the defendant below on the second--day of December, 1803, made a • J .■ promissory note, payable to them or to their order, 45 days after date, for 200 dollars, whicli they indorsed to Winton, the intestate. . To the declaration on this note by the indorsee, the defendant below pleaded mom as- , 1 sump sit. At the trial of the cause in the court below, a bill of exceptions was tendered,…
1Opinion of the CourtSpknceR, J.
The-question in this case is, whether Arden was rightly ex_ eluded from giving evidence on the trial. The defence set up was usury, in a note which was the basis and consideration, of the one then in suit. The original note had been made by Arden, indorsed by Coleman, and passed to Alexander Stewart. It is, perhaps, a fair presumption that, notwithstanding the different transactions in renewing the notes, and changing the payees, the plaintiffs below are in the precise situation of Alexander Stewart, the original indorser. Arden- was rejected on the principle *169that he declared' himself, when…
2Cited by6 opinions
- Slingerland v. International Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Coan v. OsgoodNew York Supreme Court · 1853
- Knowles v. DowSuperior Court of New Hampshire · 1851
- Sargent v. GuttersonSuperior Court of New Hampshire · 1843
- Burroughs v. United StatesU.S. Circuit Court for New York · 1856
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