President of the Bank of Chenango v. Hyde
New York Supreme Court
Assumpsit, tried at the Chenango circuit, August, 1S23, before Nelson, C. Judge. The suit- was commenced' in January term, 1821:, atidi was.brought to recover the amount of a joint.and several» promissory note- made by the defendants, dated January-1st, 181-9, for $300; payable, to the Bank of Chenango,.or: order, at 63 days. Plea, the general' issue.
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Assumpsit, tried at the Chenango circuit, August, 1S23, before Nelson, C. Judge. The suit- was commenced' in January term, 1821:, atidi was.brought to recover the amount of a joint.and several» promissory note- made by the defendants, dated January-1st, 181-9, for $300; payable, to the Bank of Chenango,.or: order, at 63 days. Plea, the general' issue. The execution of the note being admitted on the; trial;. J. L. Fenton, cashier of the bank, a witness for the defendant testified that Hyde, one of the defendants,, called, at; the-bank, about the date of the note, and presented it for.…
1Opinion of the Court
Curia, per
Sutherland, J.
There is no force in the objection, that the advance of the money, by Birdsall to Hyde, under the circumstances of this case, was a violation of the act-of April 1st, 1818, prohibiting attorneys and counsellors from purchasing dioses in action, or lending or advancing money upon them, for the purpose of having them placed in .their hands,- or the-hands of any other person for prosecution. It was a mere loan- of money, upon a security which had no legal existence or validity, before it was placed in .the' hands of Birdsall. In the hands of Hyde, it was not an available…
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