Meakim v. Anderson
New York Supreme Court
This was an action commenced May term, 1846, by the filing of a declaration pursuant to the statute, on a note to the plaintiff for $89 with interest, executed by the defendant Daniel M. Anderson as principal, and the defendant John Anderson as surety, payable eight months after date, and dated 20th April, 1842. The defendants severed in their defense, and each pleaded the general issue only, without any notice of special matter.
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This was an action commenced May term, 1846, by the filing of a declaration pursuant to the statute, on a note to the plaintiff for $89 with interest, executed by the defendant Daniel M. Anderson as principal, and the defendant John Anderson as surety, payable eight months after date, and dated 20th April, 1842. The defendants severed in their defense, and each pleaded the general issue only, without any notice of special matter. The cause was tried at the New-York circuit in March, 1848, before Justice Edwards and a jury. On the trial the plaintiff proved the execution of the note and the…
1Opinion of the Court
By the Court,
King, J.
Two motions are made on behalf of the plaintiff — a motion to set aside a verdict in favor of the defendants, the cause having been tried at the circuit in March, 1848 — for alledged misdirection of the judge at the trial; and also, a motion for a new trial, on the ground of newly discovered evidence.
The first exception taken by the plaintiff’s counsel was, that the judge permitted the introduction of evidence to show a total failure of consideration of the note on which the action was brought, the defendant having pleaded the general issue, and given no notice of this…
2Cases cited2 opinions
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