Buckley v. Bentley
New York Supreme Court
THIS action was brought upon a promissory note, which was in the words and figures following, at the, time it toas given, viz: “|172.78. One year after date I promise to pay to- the order of Buckley, Sheldon & Co. one hundred and seventy-two dollars and seventy-eight cents, for value received. Dated Butternuts, Sept. 9, 1859. (Signed) William D. Babcock, (Indorsed on the back,) * William 0. Bentley.” Bentley alone defended the action.
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THIS action was brought upon a promissory note, which was in the words and figures following, at the, time it toas given, viz: “|172.78. One year after date I promise to pay to- the order of Buckley, Sheldon & Co. one hundred and seventy-two dollars and seventy-eight cents, for value received. Dated Butternuts, Sept. 9, 1859. (Signed) William D. Babcock, (Indorsed on the back,) * William 0. Bentley.” Bentley alone defended the action. The action was tried at the Otsego circuit in December, 1863, before a justice of this court, without a jury. The evidence showed that Babcock and Bentley both…
1Opinion of the Court
By the Court,
Balcom, J.
There is no ambiguity in the words “ Notice of protest waived by me,” which the defendant Bentley, wrote over his signature upon the back of the note. The sentence they form is not susceptible of more than one construction, and its meaning or effect could not be legally enlarged or altered by evidence of the surrounding circumstances, or of what occurred when it was written. It was therefore the duty of the judge to ascertain its meaning and effect from the words used. The understanding of Bentley and the plaintiffs at the time the same was written, not manifested by…
2Cases cited6 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- Coddington v. DavisNew York Supreme Court · 1846
- Read v. WilkinsonU.S. Circuit Court for the District of Pennsylvania · 1811
- Harvey v. TroupeMississippi Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Voorhies v. AtleeSupreme Court of Iowa · 1870
- Blatchford v. HarrisAppellate Court of Illinois · 1904
- Brennan v. LowryNew York Court of Common Pleas · 1872
- Lintz v. HowardNew York Supreme Court · 1879
- Scott v. MeekerNew York Supreme Court · 1880