Woodworth v. Bellows
New York Supreme Court
The complaint is upon a promissory note made by defendant Bellows to the defendant Sackett or order, and endorsed by Sackett and the defendants Downs and Seelye.
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The complaint is upon a promissory note made by defendant Bellows to the defendant Sackett or order, and endorsed by Sackett and the defendants Downs and Seelye. None of the defendants have answered excepting Bellows, whose answer states that he and Sackett and others, joined in the purchase of a press, types, &c., constituting a newspaper establishment, (The Seneca County Courier) for the price of $1700, divided into shares, and that Bellows took one share and gave the note in question to Sackett for that share; that afterwards Sackett sold the entire establishment and received the avails of…
1Opinion of the Court
Welles, Justice.
The facts stated in the answer clearly do not amount to a defence as against the plaintiff. They make no issue between the parties to -the suit, and the answer states no facts that the plaintiff can safely- or is bound to deny. The whole answer is entirely immaterial on the question of the plaintiff’s right to recover. Its object was to lay the foundation for an order or judgment by which the equities shall "be adjusted and enforced as between the defendant Bellows and his co-defendant, Sackett. And the court is called upon to adjudicate such equities upon the facts so stated…
2Cited by1 opinion
- Stephens v. HallThe Superior Court of New York City · 1864