Winsted Bank v. . Webb
New York Court of Appeals
Appeal from an order of the Supreme Court in General Term in the Sixth District, reversing an order for a nonsuit, and ordering a new trial. The complaint herein avers the making of six promissory notes by the Defendants, for $2,000 each, of various dates, payable three months after date, to the order of two of the Defendants, and by them endorsed to the Plaintiff.
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Appeal from an order of the Supreme Court in General Term in the Sixth District, reversing an order for a nonsuit, and ordering a new trial. The complaint herein avers the making of six promissory notes by the Defendants, for $2,000 each, of various dates, payable three months after date, to the order of two of the Defendants, and by them endorsed to the Plaintiff. That on the 15th of December, 1857, after the maturity of all of the said notes, when there was due the whole principal thereof, together with interest upon each from the maturity thereof, the Defendants paid on account of said…
1Opinion of the CourtWoodruff, J.
The nonsuit having been granted in this case, upon the Plaintiff’s opening, the facts stated in the complaint must be taken to be true as alleged, nothing having been conceded ■ such opening inconsistent with the allegations in the complaint, nit, on the contrary, the statement upon which the nonsuit was ordered having in substance reiterated them.
Tt is perfectly settled, that the right to sustain -the action un the facts alleged does not depend upon the prayer for judgment. Any relief to which, upon the facts alleged, the Plaintiff is entitled, the Court should grant when the Defendant has…
2Cases cited4 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Gregory v. ThomasNew York Supreme Court · 1838
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Farmers & Mechanics' Bank of Genesee v. JoslynNew York Court of Appeals · 1867
3Cited by23 opinions
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Bank of New York v. CerasaroAppellate Division of the Supreme Court of the State of New York · 1983
- Ganz v. . LancasterNew York Court of Appeals · 1902
- Curlette v. OldsAppellate Division of the Supreme Court of the State of New York · 1906
- Bank of Malvern v. BurtonSupreme Court of Arkansas · 1900
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