O'Callaghan v. Sawyer
New York Supreme Court
THIS cause came before the court, on a writ of error from the court of common pleas of the county of Cayuga. The declaration in the suit below was on a promissory note drawn by O’Callaghan, dated the 29th March, 1803, and payable to Moses Sawyer, or bearer, on or before the 1st September following, for 22 dollars and SO cents, with interest. The payee, on the 10th March, 1808, the note and interest being unpaid, indorsed the note to the plaintiff, in a fair course of trade.
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THIS cause came before the court, on a writ of error from the court of common pleas of the county of Cayuga. The declaration in the suit below was on a promissory note drawn by O’Callaghan, dated the 29th March, 1803, and payable to Moses Sawyer, or bearer, on or before the 1st September following, for 22 dollars and SO cents, with interest. The payee, on the 10th March, 1808, the note and interest being unpaid, indorsed the note to the plaintiff, in a fair course of trade. Plea, non assumpsit. There was a verdict for the plaintiff below, for 31 dollars and 6Ó cents, damages, and 37 dollars…
1Opinion of the Court
.Per Curiam.
The set-off ought to have been received. The note had long been due and dishonoured, when it was indorsed; and the point has been too long settled, and too repeatedly recognised, to require any discussion now, that the indorsee took the note, subject to all the equity, and to every defence which existed against it, in the hands of the original payee. (2 Caines, 372. 1 Johns. Rep. 319. 3 Term Rep. 80.) The judgment below must be reversed.
Judgment reversed,
2Cases cited1 opinion
- Furman v. HaskinNew York Supreme Court · 1805
3Cited by11 opinions
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
- Cromwell v. ArrottSupreme Court of Pennsylvania · 1814
- De Mott v. StarkeyNew York Court of Chancery · 1848
- Kilcrease v. WhiteSupreme Court of Florida · 1855
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