President of the Bank of Utica v. Smalley
New York Supreme Court
Assumpsit brought to recover of the defendants, as en- , , „ . , _ _ dorsers, the amount of a promissory note made by one Morse, tiae4 at tifo Oneidia circuit, the 27th day of May, 1822, before his honor the (the late) Chief Justice Spencer. The plaintiffs proved the execution of the note by the ma-keri ar|d the endorsement of the defendants.
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Assumpsit brought to recover of the defendants, as en- , , „ . , _ _ dorsers, the amount of a promissory note made by one Morse, tiae4 at tifo Oneidia circuit, the 27th day of May, 1822, before his honor the (the late) Chief Justice Spencer. The plaintiffs proved the execution of the note by the ma-keri ar|d the endorsement of the defendants. The note was as follows: “ $1200. Ninety days after date, I promise to Pa7 to tiie order of Sylvanus Smalley and Pardon Barnard, at the bank of Utica, twelve hundred dollars, value received- Lenox, Nov. 16th, 1820. Harvey G. Morse." J , Endorsed—“ P.…
1Opinion of the Court
[Woodworth, J.
No indebtedness appears in the case. Did it not lie with you to show affirmatively that he was indebted ?]
Spencer. We suppose not; but that it lay with the other side to show that he was not indebted. His being clear of debt is a condition precedent, by the statute, and should be strictly complied with ; especially as the transfer was for the mere purpose of making the party a witness.
But the plaintiffs have not proved themselves to be a corporation. This was necessary beyond all doubt. (Jackson v. Plumb, 8 John. 378, and the cases there cited. Bank of Auburn v. Aiken, 19 John.…
2Cases cited4 opinions
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- Gilbert v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
- President, Directors, & Co. of the Bank of Auburn v. Weed & AikenNew York Supreme Court · 1822
- Jackson ex dem. Trustees of the Union Academy v. PlumbeNew York Supreme Court · 1811
3Cited by40 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Grays v. Turnpike Co.Court of Appeals of Virginia · 1826
- Rice v. . RockefellerNew York Court of Appeals · 1892
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