Burdick v. Green
New York Supreme Court
THIS was an action of assumpsit, tried at the last circuit . * in Clinton county, before the Chief.Justice. The declaration contained five counts; 1. On a promissory note made by the defendant, dated at Si.
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THIS was an action of assumpsit, tried at the last circuit . * in Clinton county, before the Chief.Justice. The declaration contained five counts; 1. On a promissory note made by the defendant, dated at Si. Earn, in Lower Canada, the 211st of June, 1810, for 1,525 dollars, payable to the-plain* or order, on the first of August following : 2. On the same notei stating an endorsement of it by him to Joel Ketchum, and that K. afterwards, on the 31st of July, 1816, reassigned the note, it not having been paid, to the plaintiff.- . ■ . ■ ‘ 3. I1 or money lent, money paid, and money had and…
1Opinion of the CourtPlatt, J.
The Case states, that “ from the caption of the declaration, and the memorandum of the nisi prius record, it appeared that *20the suit was commenced on the 17th oí August, 1816.” Bui j presume that those relate to the filing of the bill, or deck-ration*
-At the trial a question was raised, whether the plaintiff had a right to elect his count, on which he would apply the note declared on; and it was properly ruled that he might.
No attempt was made to prove that the discharge, under ' the insolvent act, was fraudulent; nor was there any evidence offered in relation to that discharge.
The discharge…
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