Lowell v. Lane
New York Supreme Court
THIS action was brought in a justice’s court. It was founded upon a promissory note, signed by the defendant, which the plaintiff purchased of Abram Smith, jun. after it became due, on the 18th day of October, 1858..
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THIS action was brought in a justice’s court. It was founded upon a promissory note, signed by the defendant, which the plaintiff purchased of Abram Smith, jun. after it became due, on the 18th day of October, 1858.. The defendant was then the owner and holder of a note against said Smith that was past due, upon which he sued Smith before a justice of the peace, op. the 20th day of October aforesaid, and recovered a judgment thereon, in that suit, against Smith, on the 29th of said month. This was before the defendant had notice that the plaintiff had purchased his note of Smith. The…
1Opinion of the Court
By the Court,
Balcom, J.
The judgment the defendant recovered against Smith was not a set-off, counter-claim or defense to this action, for it was not rendered until eleven days after the plaintiff purchased the note of Smith upon which this action was brought. The note the defendant held against Smith when the plaintiff purchased the one upon which this action was brought could not be used as a set-off, counter-claim or defense to this action, because it did not exist, or was not a subsisting demand, at the time the action was commenced. It was merged in the judgment which the defendant…
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