Throop v. Cheeseman
New York Supreme Court
THIS was an action of assumpsit. The declaration contained counts for money paid, money lent and advanced, The cause was tried at the , i. j j t and money had and received Schoharie circuit, in November, 1818. The plaintiff produced in evidence a number of bills, or Prom*ssory notes, in the form and similitude of bank bills, or notes, of different dates, both before and since the 17th of April, 1816, and for different amounts, some for three dollars, and some for two cents,…
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THIS was an action of assumpsit. The declaration contained counts for money paid, money lent and advanced, The cause was tried at the , i. j j t and money had and received Schoharie circuit, in November, 1818. The plaintiff produced in evidence a number of bills, or Prom*ssory notes, in the form and similitude of bank bills, or notes, of different dates, both before and since the 17th of April, 1816, and for different amounts, some for three dollars, and some for two cents, making, in the whole, the sum of 124 dollars and 91 cents. They were all payable in bank bills, and were expressed in…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
Several objections are made to the plaintiff’s recovery, which will be noticed.
The act of the 17th of April, 1816, (ch. 223. s. 3.) provides, that all bills, notes, or tickets, in the form and similitude of bank bills or notes, issued by any person or persons, and made payable in the bills, or current notes, of any incorporated company, shall and may, in case default shall be *266itiade in the payment of the same, according to the tenor thereof, he sued, prosecuted, and collected, by and in the name of the holder or bearer thereof; and the…
2Cited by3 opinions
- Lawrence v. DoleSupreme Court of Vermont · 1839
- Joslyn v. TaylorSupreme Court of Vermont · 1860
- Trim v. WilloughbyNew York Supreme Court · 1872