Warren v. Lynch
New York Supreme Court
THIS was an action of assumpsit brought by the , - . . plaintiff, as the first endorser oí a promissory note, against the defendant, as maker. The note was as follows: “ Petersburg, (Virginia,) August 27,1807. Four months after date, I promise to pay Hopkins Robertson or or-1 r r j r der, the sum of seven hundred and nineteen dollars, . 12 1-2 cents, witness my hand and seal» Payable m New-Tork.
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THIS was an action of assumpsit brought by the , - . . plaintiff, as the first endorser oí a promissory note, against the defendant, as maker. The note was as follows: “ Petersburg, (Virginia,) August 27,1807. Four months after date, I promise to pay Hopkins Robertson or or-1 r r j r der, the sum of seven hundred and nineteen dollars, . 12 1-2 cents, witness my hand and seal» Payable m New-Tork. THOMAS LYNCH, (¿s) » The flourish, and initials L. S. at the end of the maker’s name, constituted what was called his seal. The defendant pleaded non assumpsit, with notice of special matter to be…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The two questions made upon this case are, 1. What is the legal import of" the instrument upon which the suit is brought ? and, 2. Was the evidence sufficient to entitle the plaintiff to recover ?
1. The note was given in Virginia, and by the laws of that state it was a sealed instrument or deed. But it was made payable in New-Tork, and according to a well settled rule, it is to be tested and governed by the law of this state. (4 Johns. Rep. 285.) Independent then of the written agreement of the parties, (and on the operation of which some doubt…
2Cases cited1 opinion
- Meredith v. HinsdaleNew York Supreme Court · 1805
3Cited by16 opinions
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Coit v. MillikinCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bates v. Boston & New York Central RailroadMassachusetts Supreme Judicial Court · 1865
- Jewett v. HoneU.S. Circuit Court for the Southern District of Georgia · 1873
- Porter v. McCollumSupreme Court of Georgia · 1854
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