Loomis v. Pulver
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Pulver sued Loomis before the justice, for money had and received, ike, Pulver offered to prove that, m 1808, he gave Loomis two promissory notes, payable on demand, which he transferred to S'. L., w*10’ ak°ut a w6ek before the trial, in 1810, sued the plaintiff, and recovered the amount of the notes; and that previous to the trans-for to S. L., Pulver had paid the amount of the notes to Loomis» This evidence was objected to,…
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IN ERROR, on certiorari, from a justice’s court. Pulver sued Loomis before the justice, for money had and received, ike, Pulver offered to prove that, m 1808, he gave Loomis two promissory notes, payable on demand, which he transferred to S'. L., w*10’ ak°ut a w6ek before the trial, in 1810, sued the plaintiff, and recovered the amount of the notes; and that previous to the trans-for to S. L., Pulver had paid the amount of the notes to Loomis» This evidence was objected to, but the justice overruled the objec^on* The plaintiff then proved that the defendant declared that he had settled all…
1Per curiam
Several objections were stated to this recovery, but the principal one is, that the plaintiff ought to have set up this payment as a defence against the notes. As the notes were pay» *245~b1e on demand, and not negotiated until two years after the date of them, the person to whom they were transferred took them subject to all equity, and to the previous payment, or accounts, against the defendant. There is no doubt that this formed a good defence against the notes; and if the plaintiff' neglected to make this defence~ he is precluded from making that recovery a ground of action against the…
2Cited by12 opinions
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