Pierson v. Hooker
New York Supreme Court
THIS was an action on an Inland Bill of Exchange, drawn hy t^le defendant on Adams, Merrit Co. in favour of the plaintiffs, payable 60 days after date, for two hundred and . , , „ seven dollars and seventy-six cents, dated the 10th day of Jutyi 1804. The bill was accepted by the drawees. At the trial, the signature of the defendant, and of the . , . acceptors, was admitted, and that due notice oi non-Payment> had been given to the defendant.
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THIS was an action on an Inland Bill of Exchange, drawn hy t^le defendant on Adams, Merrit Co. in favour of the plaintiffs, payable 60 days after date, for two hundred and . , , „ seven dollars and seventy-six cents, dated the 10th day of Jutyi 1804. The bill was accepted by the drawees. At the trial, the signature of the defendant, and of the . , . acceptors, was admitted, and that due notice oi non-Payment> had been given to the defendant. It was proVed that the defendant promised payment of the bill after it became due, and the judge ruled, that a promise to pay by the drawer, was a waiver…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The release was executed by one of the plaintiffs in the partnership name. It is therefore impossible to doubt, but that it was intended to affect and cancel partnership demands. The plaintiffs, however, offered parol testimony to show that the present demand was not one of those which were intended to be included. But the instrument is general and comprehensive, and expressly reaches to every debt and demand of every kind. To show by parol proof that it was not so intended, is to contradict or explain away the instrument, which is contrary to…
2Cited by34 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- People Ex Rel Eagle v. KeyserNew York Court of Appeals · 1863
- Thomason v. DillSupreme Court of Alabama · 1857
- Sigerson v. MathewsSupreme Court of the United States · 1858
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