Richardson v. Warner
New York Supreme Court
Appeal from a judgment in favor of the defendants entered upon tlie report of a referee. The action was brought to recover on three promissory notes, one for $3,000 and two for $2,500 each, made by Michael Warner, the original defendant and the intestate of the present defendants, and indorsed by one Daniel Ayer.
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Appeal from a judgment in favor of the defendants entered upon tlie report of a referee. The action was brought to recover on three promissory notes, one for $3,000 and two for $2,500 each, made by Michael Warner, the original defendant and the intestate of the present defendants, and indorsed by one Daniel Ayer. The answer admitted the execution of the notes, but alleged that they were made solely for Ayer’s accommodation, and that Ayer indorsed them and procured them to be discounted at a usurious and unlawful rate of interest. The plaintiff gave in evidence the notes indorsed by Daniel…
1Opinion of the Court
Leakned, P. J.:
The witness offered is Ayer. The personal transaction is, between him and Alexander, deceased. And Ayer is examined against Richardson.
The first question then is, whether Richardson is the assignee of Alexander, deceased, under the meaning of this section. The defendants, to show that he is not, cite Bartlett v. Tarbox (1 Keyes, 495), and Porter v. Potter (18 N. Y., 52). But these decisions do not apply. The section of the Code, as it then stood, was quite different. In the latter of these cases Judge Denio remarked that the decision would not be a precedent, because the Code…
2Cases cited4 opinions
- Cary v. . WhiteNew York Court of Appeals · 1874
- Mattoon v. . YoungNew York Court of Appeals · 1871
- Bartlett v. TarboxNew York Court of Appeals · 1864
- Porter v. . PotterNew York Court of Appeals · 1858