Blade v. Noland
New York Supreme Court
Error from the Jefferson common pleas. Noland sued Blade in a justice’s court, and declared on a note destroyed or lost, and for work and labor. The defendant pleaded the general issue, and gave notice of set-off The plaintiff called a witness, and proved by him that the defendant, previous to 4th March, 1832, gave the plaintiff a note for $24,80, payable in three months, for wages due to him for work done for the defendant.
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Error from the Jefferson common pleas. Noland sued Blade in a justice’s court, and declared on a note destroyed or lost, and for work and labor. The defendant pleaded the general issue, and gave notice of set-off The plaintiff called a witness, and proved by him that the defendant, previous to 4th March, 1832, gave the plaintiff a note for $24,80, payable in three months, for wages due to him for work done for the defendant. The plaintiff himself was then sworn, to prove the loss of the note, and testified that he burnt it up the next morning after it was given. A witness called by the…
1Opinion of the Court
By the Court,
Nelson, J.
I concede the rule insisted on by the counsel for the plaintiff below, to the fullest extent, borne out by the authorities, and they are numerous ; and still am of opinion that the plaintiff did not give such proof of the loss of the note as to justify the secondary proof of its contents, or to entitle him to resort to the original consideration. If there had been satisfactory proof of the loss or destruction of the note, the omission to give a bond of indemnity under the statute, 2 R. S. 406, § 75, 76, would not have interfered with the recovery; for the provision of…
2Cases cited2 opinions
- McNair v. GilbertNew York Supreme Court · 1829
- Jackson ex dem. Donaldson v. LucettNew York Supreme Court · 1805
3Cited by42 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Wright v. . WrightNew York Court of Appeals · 1873
- Rudolph v. LaneIndiana Supreme Court · 1877
- Clute v. SmallNew York Supreme Court · 1837
- In Matter of the Estate of Lambie v. McMillan (Mich. 10-2-1893)Michigan Supreme Court · 1893
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