Morehouse v. Ballou
New York Supreme Court
The plaintiff, as executor of Morehouse, complained “ that the above named Rensselaer Ballou and one Dutee Ballou, in his lifetime, made and executed them joint and several promissory note in writing, whereby, for value received, they promised to pay Daniel Morehouse or bearer, two hundred dollars with interest one day from date, and that they have nbt paid the same or any part thereof except the sum of fifteen dollars paid November 17th, 1850, but are justly indebted to the…
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The plaintiff, as executor of Morehouse, complained “ that the above named Rensselaer Ballou and one Dutee Ballou, in his lifetime, made and executed them joint and several promissory note in writing, whereby, for value received, they promised to pay Daniel Morehouse or bearer, two hundred dollars with interest one day from date, and that they have nbt paid the same or any part thereof except the sum of fifteen dollars paid November 17th, 1850, but are justly indebted to the plaintiff, who is the lawful holder, and owner of the note. Wherefore the plaintiff demands judgment against the…
1Opinion of the CourtHand, J.
Before the code, the survivor and the personal representatives of a deceased joint debtor, could not be joined as defendants, at law. The judgments were different. (Myer v. Cole, 12 John, 349. Demott v. Field, 7 Cowen, 58. Worden v. Worthington, 2 Barb. 371. 2 Saund. 117, g. n. 2 o. Herrenden v. Palmer, Hob. 88. Hall v. Huffum, 2 Lev. 228. Corner v. Shew, 3 Mees. & W. 350. Reynolds v. Reynolds, 3 Wend. 244. Grant v. Shurter, 1 Id. 148. 1 Burr. Pr. 60. 1 Chilly’s Pl. 187. Bridgen v. Park, 2 B. & C. 424. Ashby *291v. Ashby, 7 Id. 444.) In Myer v. Cole, it was held that a count on a claim against…
2Cases cited8 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Trustees of the Leake & Watts Orphan House v. LawrenceNew York Court of Chancery · 1844
- Reynolds v. ReynoldsNew York Supreme Court · 1829
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Lane v. DotyNew York Supreme Court · 1848
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