Dresser v. Ainsworth
New York Supreme Court
This was an action of assumpsit, commenced in November, 1847, and tried at the Steuben circuit in August, 1848. The declaration contained the common money counts, with a notice that a note would be given in evidence under those counts, in the words and figures following : “f 120. One year after date I promise to pay B. Beach or bearer, the sum of one hundred and twenty dollars, for value received. Prattsburgh, April 24, 1844—Isaac Ainsworth.”
Read the full summary
This was an action of assumpsit, commenced in November, 1847, and tried at the Steuben circuit in August, 1848. The declaration contained the common money counts, with a notice that a note would be given in evidence under those counts, in the words and figures following : “f 120. One year after date I promise to pay B. Beach or bearer, the sum of one hundred and twenty dollars, for value received. Prattsburgh, April 24, 1844—Isaac Ainsworth.” The defendant pleaded non-assumpsit to the declaration. Upon the trial, the plaintiff gave in evidence the note, of which the above is a copy, the…
1Opinion of the Court
By the Court, Welles, P. J.
1. The first point made by the plaintiff’s counsel is, that the circuit judge erred in admitting proof that the proceeds of the sale of the horses and cart in question were applied by Lyon, who purchased the property at the sale by Sheriff Potter, upon the execution against Beach. The defense set up was a failure of title in the defendant, to the property for which the note was given. To establish it, the defendant gave evidence of a judgment and execution against William A. Beach, of whom he purchased the property, and a levy and sale by the sheriff, and that at…
2Cases cited1 opinion
- Clark & wife v. Vorce & VorceNew York Supreme Court · 1838
3Cited by11 opinions
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Davis v. SmithSupreme Court of Minnesota · 1862
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- Curtis v. BrooksNew York Supreme Court · 1861
- Enders v. SternberghNew York Court of Appeals · 1864
6 more not listed; retrieve them via the Exa API.