Geer v. Archer
New York Supreme Court
Assumpsit on a promissory note dated October 4, 1836, for $200, made by the defendant, payable to - the plaintiff, Eliza Ann Geer, or bearer, four years after date, with interest after two years. The cause was tried at the Tompkins circuit, before Shankland, justice, on the 27th September, 1847. On the trial the plaintiffs proved the execution of the note, by Chauncey Pratt, the subscribing witness, and after proving the amount of interest accrued, rested the cause.
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Assumpsit on a promissory note dated October 4, 1836, for $200, made by the defendant, payable to - the plaintiff, Eliza Ann Geer, or bearer, four years after date, with interest after two years. The cause was tried at the Tompkins circuit, before Shankland, justice, on the 27th September, 1847. On the trial the plaintiffs proved the execution of the note, by Chauncey Pratt, the subscribing witness, and after proving the amount of interest accrued, rested the cause. The witness Pratt, being called by the defendant’s counsel, testified that at the time the note was given, the defendant came to…
1Opinion of the Court
By the Court, Welles J.
From the evidence detailed in the case, it seems quite clear that the only consideration for the note upon which the action is brought, was the difference between the price, or purchase money paid and secured to be paid by the defendant, for the interest of the plaintiff, Eliza Ann Archer, in the land conveyed by her to the defendant, and the amount the said Eliza Ann supposed the land, or her interest in it, was worth, and which she supposed she was receiving at *424a certain sum per acre. The proof is entirely satisfactory to my mind, that the execution of the deed and…
2Cases cited3 opinions
- Smith v. WareNew York Supreme Court · 1816
- Bentley v. MorseNew York Supreme Court · 1817
- Downing v. BlanchardNew York Supreme Court · 1834
3Cited by16 opinions
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- Goulding v. . DavidsonNew York Court of Appeals · 1863
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- Schuler v. MytonSupreme Court of Kansas · 1892
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