Chew v. Woolley
New York Supreme Court
THIS was an action of assumpsit, brought by the plaintiff, as endorsee, against the defendant, as first endorsor of a promissory note. The declaration contained 1 J I two counts, on two notes; the one dated the 3d of March, 1808, payable sixty days after date, without defalcation or discount, at, &c. and endorsed the same day by the payee to the plaintiff. The other was on a like note, payable in 30 days.
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THIS was an action of assumpsit, brought by the plaintiff, as endorsee, against the defendant, as first endorsor of a promissory note. The declaration contained 1 J I two counts, on two notes; the one dated the 3d of March, 1808, payable sixty days after date, without defalcation or discount, at, &c. and endorsed the same day by the payee to the plaintiff. The other was on a like note, payable in 30 days. The declaration was of August term, 1808, and averred, that the notes having become payable, &c. the plaintiff presented the same, &c. to the defendant, and requested payment, &c. and that…
1Per curiam
This was an action by the endorsee against the endorser of two promissory notes, and the declaration states, that the defendant “ did not pay the said sums of *402money in the said notes mentionedand the breach also alleges the default in the same terms, that the defendant u had not paid the said sums of money in the said notes mentioned.” The plea puis darrein continuance states, that the defendant did “ pay to the plaintiff the said several sums of money mentioned in the declaration of the plaintiff.” The plea is as broad as the declaration, and must be construed to be commensurate with the…
2Cited by1 opinion
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