Robinson v. Clandall
New York Supreme Court
This was an action of assumpsit, tried at the Allegany circuit in October, 1829, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiffs declared as the hearers of two promissory notes for about SI97, made by the defendants, bearing date in 1826, payable to Hosea Wetherly or hearer, and proved the signatures of the defendants.
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This was an action of assumpsit, tried at the Allegany circuit in October, 1829, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiffs declared as the hearers of two promissory notes for about SI97, made by the defendants, bearing date in 1826, payable to Hosea Wetherly or hearer, and proved the signatures of the defendants. The defendants proved that in 1828, Robinson, one of the plaintiffs, admitted that the payee of the note, who had resided in Pennsylvania, had died there; that himself and another person were the adr ministrators of his estate; that the payee had not…
1Opinion of the Court
*426 By the Court,
Sutherland, J.
The motion for a new trial must be denied. The jury have found that the plaintiffs came honestly by the notes on which the suit is brought; that they were not obtained by them fraudulently. That question was distinctly submitted to them by the judge, and they were charged to find for the defendants, if they believed the plaintiffs obtained the possession of the notes fraudulently.
The notes being payable to bearer, and the"payee having died in Pennsylvania, admitting the plaintiffs to have been his administrators there, and in that manner to have obtained the…
2Cited by18 opinions
- Wilkins v. EllettSupreme Court of the United States · 1883
- McCully v. CooperCalifornia Supreme Court · 1896
- Packer v. WillsonNew York Supreme Court · 1836
- Sanford v. McCreedyWisconsin Supreme Court · 1871
- Bright v. CurrieThe Superior Court of New York City · 1852
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