President of Merchants' Bank v. Spalding
New York Supreme Court
This case came before the court on a bill of exceptions, taken by the defendant, to the ruling of the justice who presided at the trial of the cause, and to his refusal to charge the jury as requested by the defendant. The cause was tried at the New-York circuit, in October, 1847, before Mr. Justice Morehouse and a jury.
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This case came before the court on a bill of exceptions, taken by the defendant, to the ruling of the justice who presided at the trial of the cause, and to his refusal to charge the jury as requested by the defendant. The cause was tried at the New-York circuit, in October, 1847, before Mr. Justice Morehouse and a jury. The plaintiff’s counsel introduced in evidence, a promissory note, dated Lock-port, November, 3d, 1845, drawn by one Jackson Pound, by which he promised to pay, four months after date, to the order of L. A. Spalding, twenty-eight hundred and seventy-five dollars, at the…
1Opinion of the CourtEdwards, J.
The consideration of the promissory note, upon which this suit was brought, consisted of a loan made by the Farmers’ and Mechanics’ Bank of Rahway, in the state of New Jersey, of its own notes, to the defendant. It appears from the testimony which is set out in the bill of exceptions, that a part of the notes thus lent, were, of a denomination of less than five dollars. It also appeared that before the loan was made, the agent of the defendant had announced that the notes were to be used in the purchase of flour in the western part of this state, and that in the course of the conversation in…
2Cases cited1 opinion
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