President of the Goshen & Minisink Turnpike Road v. Hurtin
New York Supreme Court
THIS was an action of assumpsit, on a promissory note made by thethe court, without argument. THIS was an action of assumpsit, on a promissory note made by the defendant, dated the 1st of May, 1800, by which he “ pro-raised to pay to the plaintiffs 125 dollars, for five shares of the capital stock of the said corporation, in such manner and propora a jl a lion, and at such time and place, as the said plaintiffs should, from time to time, require.”
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THIS was an action of assumpsit, on a promissory note made by thethe court, without argument. THIS was an action of assumpsit, on a promissory note made by the defendant, dated the 1st of May, 1800, by which he “ pro-raised to pay to the plaintiffs 125 dollars, for five shares of the capital stock of the said corporation, in such manner and propora a jl a lion, and at such time and place, as the said plaintiffs should, from time to time, require.” There was a general demurrer to the declaration, and joinder in demurrer. The cause was submitted to °
1Per curiam
The note set forth in the declaration is a good promissory note within the statute, though it has not the words bearer, or order,” and may be declared upon as such. This is the established English law, (6 Term Rep. 123. 2 Lord Raym. 1545.) and the same rule was recognised, by this court, in the ease of Downing v. Backenstoes; (3 Caines' Rep. 137.) for our statute relative to promissory notes, is the same, in substance, as the statute of 3 and 4 Anne. The note was payable in money, and payable absolutely, and not depending on any contingency, It was, in effect, payable on demand, and it was…
2Cited by46 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
- Sands v. St. JohnNew York Supreme Court · 1862
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