Ives v. Farmers' Bank
Massachusetts Supreme Judicial Court
Writ of review of a judgment in favor of the Farmers’ Bank, of Bridgeport, Connecticut, against George R. Ives, of Brooklyn, New York, upon the following note: “ $1585,90. Brooklyn, September 20th 1858. Three months after date I promise to pay to the order of Edwin R. Yale, Dec. 23, fifteen hundred and eighty five r9o9o dollars at Atlantic Bank, New York, value received. Geo. R. Ives.” (indorsed) Edwin R. Yale.
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Writ of review of a judgment in favor of the Farmers’ Bank, of Bridgeport, Connecticut, against George R. Ives, of Brooklyn, New York, upon the following note: “ $1585,90. Brooklyn, September 20th 1858. Three months after date I promise to pay to the order of Edwin R. Yale, Dec. 23, fifteen hundred and eighty five r9o9o dollars at Atlantic Bank, New York, value received. Geo. R. Ives.” (indorsed) Edwin R. Yale. At the trial in the superior court, before Rockwell, J., the note was produced, and those portions of it which are printed above in Roman letters were engraved, and the rest, including…
1Opinion of the CourtHoar, J.
The first exception taken by the defendants in review, the plaintiffs in the original action, must be sustained. They sued upon a promissory note, and the promisor claimed the allowance, as a partial payment upon it, of the sum of $217. There was evidence that this sum was paid by the indorser of the note, at a time when he was also indebted to the bank upon other notes, to be applied to this note in case the plaintiff in review should furnish security for or pay the balance of it; but otherwise not; and that it was entered at first generally to the indorser’s credit as a deposit, and…
2Cases cited2 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- McCasky v. ShermanSupreme Court of Connecticut · 1856