Weeks v. Pryor
New York Supreme Court
THIS was an action on a promissory note, dated 24th January, 1853, made by the defendant, for $69.65, and payable to Zalmon Ruscoe or bearer, with use. It was given as a matter of compromise, settlement and agreement, of,all matters of account and difference then outstanding between the defendant and Euscoe.
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THIS was an action on a promissory note, dated 24th January, 1853, made by the defendant, for $69.65, and payable to Zalmon Ruscoe or bearer, with use. It was given as a matter of compromise, settlement and agreement, of,all matters of account and difference then outstanding between the defendant and Euscoe. Within three days after its date it was, with other notes, sold by Euscoe to Daniel McOoun, by whom it was subsequently transferred to the plaintiff, who paid the full amount thereof. The defendant, on the same day the note was given, but subsequently thereto, purchased and took an…
1Opinion of the CourtLott, J.
It is provided, by the statute authorizing setoffs, (2 R. S. 354, § 18, sub. 9,) that in an action founded upon a negotiable promissory note, or bill of exchange, which has been assigned to the plaintiff after it became due, a set-off to the amount of the plaintiff’s debt may be made, of a demand existing against any person or persons who shall have assigned or transferred such note or bill after it became due, if the demand be such as might have been set off against the assignor while the note or bill belonged to him.
The code has not extended the right of set-off, or other grounds of…
2Cases cited3 opinions
- Spencer v. BabcockNew York Supreme Court · 1856
- Smith v. Van LoanNew York Supreme Court · 1837
- Hendricks v. JudahNew York Supreme Court · 1806
3Cited by3 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- In Re: Yokamon Laneal Hearn, Movant. Yokamon Laneal Hearn v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2004
- Merritt v. GouleyNew York Supreme Court · 1890