Catlin v. Gunter
The Superior Court of New York City
The complaint alleges that on the 24th day of February, 1851, the defendant drew a note to his own order, and endorsed the said note, and transferred the said note so endorsed, so that the same came to the possession of and was owned by the plaintiff; whereby he promised to pay at the Merchants’ Exchange Bank $819 68. That said note became due and payable before the commencement of this action, and the defendant has not paid the same, and is justly indebted to the plaintiff,…
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The complaint alleges that on the 24th day of February, 1851, the defendant drew a note to his own order, and endorsed the said note, and transferred the said note so endorsed, so that the same came to the possession of and was owned by the plaintiff; whereby he promised to pay at the Merchants’ Exchange Bank $819 68. That said note became due and payable before the commencement of this action, and the defendant has not paid the same, and is justly indebted to the plaintiff, who is now the lawful holder and owner of the note, in the sum of $819 68, with interest from July 27,1851, and costs…
1Opinion of the CourtDuer, J.
We think that the learned judge who tried this cause rightly instructed the jury to find a verdict for the plaintiff for the full amount that was claimed, since we agree with bim in the opinion that the proof wholly failed to sustain the defence set up in the answer. All the material allegations in the complaint were admitted by the answer; and there was, in reality, no question of fact arising upon the pleadings and evidence that could properly have been submitted to the determination of the jury.
It has been contended that the answer sets up two or more defences not inconsistent with each…
2Cases cited2 opinions
- Vroom v. DitmasNew York Court of Chancery · 1834
- New-Orleans Gas Light & Banking Co. v. DudleyNew York Court of Chancery · 1840
3Cited by8 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Hubler v. PullenIndiana Supreme Court · 1857
- Gillson v. PriceNevada Supreme Court · 1883
- People v. McCumberNew York Supreme Court · 1858
- Niblo v. HarrisonThe Superior Court of New York City · 1858
3 more not listed; retrieve them via the Exa API.