Legal Opinion

Brown v. Ryckman

New York Court of Common Pleas

Decided March 15, 1856PublishedCited by 5 opinions

This is an action against the maker of á promissory note. The complaint alleges the making of the note; that it has matured; that the whole amount is due to the plaintiff; that it was endorsed and delivered to him by the payee therein named; and demands judgment for the amount thereof. The answer, first, on information and belief, says, that the plaintiff is not the holder or owner of the note, and that E. F. Brown is the owner and party in interest.

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This is an action against the maker of á promissory note. The complaint alleges the making of the note; that it has matured; that the whole amount is due to the plaintiff; that it was endorsed and delivered to him by the payee therein named; and demands judgment for the amount thereof. The answer, first, on information and belief, says, that the plaintiff is not the holder or owner of the note, and that E. F. Brown is the owner and party in interest. The answer then, secondly, as a separate defence, alleges that the note was given to E. F. Brown for services to be performed, and that the…

1Opinion of the Court

Brady, Justice.

The allegations, that the plaintiff is not the owner and holder of the note, and that E. F. Brown is the owner and real party in interest, create no issue, and amount to a mere traverse, which is not recognized by the Code. They do not deny the property in, and possession of the note by the plaintiff, and yet allege the note to belong to another. If these allegations were good, as a denial, they would be bad for duplicity. Each defence must be separately stated, and be an answer to the cause of action to which it is addressed. (10 Pr. Rep. 68; 5 Sand. 210; 8 Pr. Rep. 242.)

Perhap…

2Cases cited3 opinions

  1. Arthur v. BrooksNew York Supreme Court · 1853
  2. De Peyster v. ClarksonCourt for the Trial of Impeachments and Correction of Errors · 1828
  3. Boyce v. BrownNew York Supreme Court · 1849

3Cited by5 opinions

  1. Bell v. BrownCalifornia Supreme Court · 1863
  2. Polstein v. SmithAppellate Division of the Supreme Court of the State of New York · 1934
  3. Plant v. SchuylerThe Superior Court of New York City · 1867
  4. Sharp v. SharpNew York Supreme Court · 1914
  5. Parks v. Western Union Telegraph Co.Nevada Supreme Court · 1922

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