Losee v. Dunkin
New York Supreme Court
IN error, froñi the court of conirnon pleas of buchc~j county. The suit below was an action of assump~iton a pro.~ missory note given by the defendant to David .Z~Thwton, payable, on demand, to Newton, or bearer, for the sum of 55 dollars, with interest, and dated the 16th day of ~anuar9, 1805. An assignment in writing from Newton to the plaintiff, dated April 3, 1805, was endorsed on the note. The declaration was in the usual form~ on the note. Plea, non assurnp.~it.
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IN error, froñi the court of conirnon pleas of buchc~j county. The suit below was an action of assump~iton a pro.~ missory note given by the defendant to David .Z~Thwton, payable, on demand, to Newton, or bearer, for the sum of 55 dollars, with interest, and dated the 16th day of ~anuar9, 1805. An assignment in writing from Newton to the plaintiff, dated April 3, 1805, was endorsed on the note. The declaration was in the usual form~ on the note. Plea, non assurnp.~it. The defendant proved, that shortly after the date of the assignment he paid Newtcn 50 dollafs, which he agreed to credit on…
1Per curiam
The note was payable on demand, and
negotiated upwards of two months and a half after it was given. The first question that naturally arises is, whether this is to be considered as a note negotiated after it was due, so as to let in the defence. There is no precise time at which such a note is to be deemed dishonoured. In Furman v. Haskin, (2 Caines, 369.) a note payable on demand, and negotiated eighteen monthg after it was given, was considered as a note out of time, -so as to subject the endorsee to the matter of defence *71existing when it was endorsed. On the other hand, in Hendricks v.…
2Cases cited1 opinion
- Furman v. HaskinNew York Supreme Court · 1805
3Cited by20 opinions
- Morgan v. United StatesSupreme Court of the United States · 1885
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Gardner v. Beacon Trust Co.Massachusetts Supreme Judicial Court · 1906
- Sice v. CunninghamNew York Supreme Court · 1823
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