Johnson v. Bridge
New York Supreme Court
Assumpsit ; tried at the Madison circuit, March, 1826, before Williams, C. Judge; when a verdict was found for the plaintiff. Certain exceptions were taken to the decision of the judge ; who sealed a bill of exceptions, on which now moved for a new trial. He cited 5 John. Rep. 118; 5 Cowen's Rep. 376. cited 16 John. Rep. 226; 19 id. 49, 52. The facts, with the points decided, are stated in the opinion of the court; which was delivered by
1Opinion of the CourtWoodworth, J.
The plaintiff declared on a promissory note, dated March 12th, 1823, payable June 1st, 1824, to Shelden Smith, or bearer. The defendant gave notice of set off of a note, made by Smith to J. A. Spencer, or bearer, payable on demand; and dated July 12th, 1825. Also a judgment obtained by the defendant against Smith, In June, 1825.
*694The plaintiff proved that he purchased the note ; and, on 2bth July, 1825, called on the defendant, demanded payment, and stated that he had purchased the note on the Saturday preceding. The defendant said he would settle or pay it. Shortly after, the defendant called…
2Cited by5 opinions
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