Dubois v. . Baker
New York Court of Appeals
Appeal from a judgment of the Supreme Court. This action was brought to recover from the defendant the- amount of two promissory notes given by him to the plaintiff’s intestate, Isaac Allen, in his life time, one dated May 1st, 1861, payable to said Allen, or bearer, for the sum of $5,000, one year from date, with interest; the other dated June 25th, 186Í, payable to Allen, or bearer, thirty ' days from date, for the sum of $100. The amount of both notes, and the interest…
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Appeal from a judgment of the Supreme Court. This action was brought to recover from the defendant the- amount of two promissory notes given by him to the plaintiff’s intestate, Isaac Allen, in his life time, one dated May 1st, 1861, payable to said Allen, or bearer, for the sum of $5,000, one year from date, with interest; the other dated June 25th, 186Í, payable to Allen, or bearer, thirty ' days from date, for the sum of $100. The amount of both notes, and the interest thereon, was admitted to be due upon the trial. The defendant, in his answer, admitted the making and delivery of these…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is to be observed that the defendant claimed, in his answer, that this $5,000 note was given to him for the sum found due to him on the 19th of November, 1860, upon an account stated, between him and Allen, and which account consisted of money lent by the defendant to Allen, for amounts due by Allen to him upon promissory notes of Allen held by the defendant; for money had and received by Allen belonging to the defendant; for a part of a bond and mortgage…
2Cited by17 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Miles v. . LoomisNew York Court of Appeals · 1878
- Thompson v. FreemanSupreme Court of Florida · 1933
- Dryer v. BrownNew York Supreme Court · 1889
- Randolph v. . LoughlinNew York Court of Appeals · 1872
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