Merritt v. Seaman
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a judgment had been entered for a balance in favor of the defendants, upon the report of a referee. . (Reported below, 6 Barb. 330.) This was an action of assumpsit upon a promissory note made by the defendants, in favor of the plaintiff, as follows: “ $878.11. New York, Sept. 14,1844. One day after date, we promise to pay to the order of O. H. Merritt, Esq., Ex’r of est. of John Sampson, eight…
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Appeal from the general term of the Supreme Court, in the third district, where a judgment had been entered for a balance in favor of the defendants, upon the report of a referee. . (Reported below, 6 Barb. 330.) This was an action of assumpsit upon a promissory note made by the defendants, in favor of the plaintiff, as follows: “ $878.11. New York, Sept. 14,1844. One day after date, we promise to pay to the order of O. H. Merritt, Esq., Ex’r of est. of John Sampson, eight hundred seventy-eight dollars and eleven cents, value received, with int. from date. Seaman- & Brothers.” The declaration…
1Opinion of the Court
*Gridley, J.
— The.defendants have recovered 171 4 a .judgment in this cause, upon'the report of a referee,, for over two thousand - dollars, against the estate of John Sampson, deceased, upon pleadings which, by. the established principles of construction, involve only matters in dispute between the defendants and the plaintiff in his individual capacity. The evidence of the set-off against . John Sampson, deceased, was objected to, *165when offered, as inadmissible, and received subject to the objection. The supreme court has affirmed the judgment, for the reason that the objection was not…
2Cases cited9 opinions
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- Thomas v. DakinNew York Supreme Court · 1839
- Fry v. EvansNew York Supreme Court · 1832
- Mowry v. AdamsMassachusetts Supreme Judicial Court · 1817
- Delafield v. KinneyNew York Supreme Court · 1840
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3Cited by2 opinions
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