Cuyler & Sexton v. Sanford
New York Supreme Court
This suit was commenced prior to the code of procedure. The declaration was against the defendant Sanford as maker, and the defendants Pettit and Johnson as indorsers, upon a note in words and figures following: “ Palmyra, January 3d, 1848. “ Thirty days from date I promise to pay to the order of J. C. Pettit, one thousand dollars, payable at the Farmers’ Bank of the city of Troy, for value received. J. L. Sanford.” (Indorsed) “ J. G. Pettit. Robert Johnson.”
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This suit was commenced prior to the code of procedure. The declaration was against the defendant Sanford as maker, and the defendants Pettit and Johnson as indorsers, upon a note in words and figures following: “ Palmyra, January 3d, 1848. “ Thirty days from date I promise to pay to the order of J. C. Pettit, one thousand dollars, payable at the Farmers’ Bank of the city of Troy, for value received. J. L. Sanford.” (Indorsed) “ J. G. Pettit. Robert Johnson.” A payment of $148,25 was indorsed on the note. Upon the trial at the Wayne circuit in April, 1850, before Selden, J., the signatures of…
1Opinion of the CourtWelles, J.
At the close of the evidence, the court was requested to charge the jury, 1. That if the note of Sanford, which fell due 3d January, 1848, was, at the time it was discounted, worth more to the plaintiffs by means of its being made payable at Troy, than a note payable at Palmyra, where Sanford and the plaintiffs resided, and carried on business, on account of funds at Troy being worth more than funds at Palmyra, and if it was not made payable at Troy at the bona fide request, or for the accommodation of Sanford, it was usurious and void. 2. That if said note was, at the time it was discounted,…
2Cases cited2 opinions
- Seneca County Bank v. SchermerhornCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cuyler v. SanfordNew York Supreme Court · 1850
3Cited by4 opinions
- Towslee v. DurkeeWisconsin Supreme Court · 1860
- Beals v. . BenjaminNew York Court of Appeals · 1865
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Price v. Lyons BankNew York Supreme Court · 1859