Bates v. Rosekrans
New York Supreme Court
Appeal from judgment at the circuit. This action was brought upon a joint and several promissory note, dated September 11th, 1851, for the payment of the sum of 12,553.11, with interest, on the first day of February, 1852, made by the defendant and one Andrew Bigham, payable to the order of, and indorsed by Bates & Griffin. The action was tried at a circuit court held in Rensselaer county, on the 27th day of December, 1860, before Hon. R. W. Peckham, and a jury.
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Appeal from judgment at the circuit. This action was brought upon a joint and several promissory note, dated September 11th, 1851, for the payment of the sum of 12,553.11, with interest, on the first day of February, 1852, made by the defendant and one Andrew Bigham, payable to the order of, and indorsed by Bates & Griffin. The action was tried at a circuit court held in Rensselaer county, on the 27th day of December, 1860, before Hon. R. W. Peckham, and a jury. On the trial, and before any evidence was given, the defendant’s counsel made a motion for judgment upon the pleadings, upon the…
1Opinion of the Court
By the court,
Hogeboom, Justice.
The defendant, upon the trial, made two objections to the plaintiff’s recovery :
1. That the answer contained counter-claims, to which there was no reply, and therefore that the defendant was entitled to judgment.
2. That the pleadings in connection with the plaintiff’s admission, as sworn to in his first verified complaint, showed that the demand prosecuted had been paid.
I. As to the alleged counter-claims. They are alleged to he contained in the 4th and 5th answers.
(1.) The fourth answer in substance alleges that after the maturity of the note prosecuted, and…
2Cases cited6 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Frisbie v. LarnedNew York Supreme Court · 1839
- Hawley v. FooteNew York Supreme Court · 1838
- Van Eps v. DillayeNew York Supreme Court · 1849
- Burrall v. De GrootThe Superior Court of New York City · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- State ex rel. MacKenzie v. CasteelIndiana Supreme Court · 1887
- Young v. SchofieldSupreme Court of Missouri · 1896
- Burke v. ThorneNew York Supreme Court · 1864
- Johansson v. KempAppellate Division of the Supreme Court of the State of New York · 1925
6 more not listed; retrieve them via the Exa API.