Bartlett v. Tarbox
New York Court of Appeals
Delos Bartlett sued Levi B. Tarbox, in the supreme court, to recover the. amount of four promissory notes made by defendant, all of which had been transferred to plaintiff by one Elijah Brown, on November 25, 1851, after they were overdue! Two defenses were interposed. First. That the plaintiff was not then owner, but that they were the property of Brown; and, Second. A set-off against Brown.
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Delos Bartlett sued Levi B. Tarbox, in the supreme court, to recover the. amount of four promissory notes made by defendant, all of which had been transferred to plaintiff by one Elijah Brown, on November 25, 1851, after they were overdue! Two defenses were interposed. First. That the plaintiff was not then owner, but that they were the property of Brown; and, Second. A set-off against Brown. The set-off claimed was the amount of a note (two hundred and eighty-three dollars and eighty-three cents) made by one Huntington, which it was alleged the defendant sold to Brown in 1849, and which had…
1Opinion of the Court
By the Court.
Wright, J.
[After stating the facts, and holding that a person transferring a promissory note is not the assignor of a thing in action, within section 399 of the Code of *122Procedure, as amended in 1857, requiring ten days’ notice of the intended examination of such assignor to bo given; — a question superseded by subsequent amendments.]
2. A witness by the name of Estes detailed the particulars of an interview between the defendant and Brown at Brown’s office, about October 1, 1851, some two months before the transfer of the notes. The parties were trying to settle. The account books…
2Cited by1 opinion
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