President of the Bank of Utica v. Wager
New York Supreme Court
Assumpsit on a promissory note for 10.0,0 dollars, against the defendant as maker, dated the 14th day of March, 1821, " payable to the order ofSylvanus Smaliy, and Walter Beecher, 30 days after date, at the Bank of Utica, and discounted by the bank. The cause was tried" át the Oneida Circuit,' in November, 1821, before his Honor, (the late) Mr. Justice Platt.
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Assumpsit on a promissory note for 10.0,0 dollars, against the defendant as maker, dated the 14th day of March, 1821, " payable to the order ofSylvanus Smaliy, and Walter Beecher, 30 days after date, at the Bank of Utica, and discounted by the bank. The cause was tried" át the Oneida Circuit,' in November, 1821, before his Honor, (the late) Mr. Justice Platt. The plaintiffs proved the making .and endorsement of the note, the amount of which, including interest to thelOth day of January, 1822, was §1039 86, and rested. The defence was usury. The defendants then proved that the note in question…
1Opinion of the Court
[ Woodworth, J.
It is, notwithstanding, an authority here by which we are bound.]
Spencer. A writ of error is brought in that cause.
[ Woodworth, J.
That makes no difference. The decision is in point *, and, till reversed, we must abide by it.]
[Sutherland, J.
There is but one way of questioning our opinions upon a point directly involved in the cause decided. That is by bringing a writ of error. If we sit to hear them questioned in this Court, there is nothing settled by any decision which we can make. On a point incidentally decided, it might be different.]
*737Spencer. It was necessary to raise the…
2Cases cited2 opinions
- President & Directors of Manhattan Co. v. OsgoodNew York Supreme Court · 1818
- President of the Maine Bank v. ButtsMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- United States v. Atlantic Coast Line R.District Court, E.D. North Carolina · 1913
- Bank of Salina v. . AlvordNew York Court of Appeals · 1865
- Goodpaster v. VorisSupreme Court of Iowa · 1859
- Hogan v. HensleySupreme Court of Arkansas · 1860