Stanton v. Allen
New York Supreme Court
Assumpsit, tried at the Albany circuit in April, 1845, before Parker, Cir. J. Plea, non-assumpsit. The plaintiff on the trial sought to recover against the defendant as the maker of a note and the acceptor of a bill of exchange, as follows: “ Rochester, Sept. 21, 1844. $801,84. Three months after date, value received, I promise to pay to the order of Asa C. Tefft, agent, eight hundred and one, jW dollars, at the Commercial Bank in the city of Albany, with interest from date,…
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Assumpsit, tried at the Albany circuit in April, 1845, before Parker, Cir. J. Plea, non-assumpsit. The plaintiff on the trial sought to recover against the defendant as the maker of a note and the acceptor of a bill of exchange, as follows: “ Rochester, Sept. 21, 1844. $801,84. Three months after date, value received, I promise to pay to the order of Asa C. Tefft, agent, eight hundred and one, jW dollars, at the Commercial Bank in the city of Albany, with interest from date, it being for balance due for per cent-age on tolls for season of 1843. (Signed) John Allen.” [Endorsed] “Asa C. Tefft,…
1Opinion of the Court
By the Court, McKissock, J.
The plaintiff was not the holder of the note and bill in question for value, and the defen dant had a right to go into the question of consideration.
It is to be settled, therefore, whether the articles of association produced by the defendant, were illegal and void as against public policy. The association was formidable and imposing, consisting as it did of the members of all the transportation lines on the Erie and Oswego canals at the time. Its professed object and purpose was the establishment of fair and uniform rates of freight, and to equalize the business…
2Cases cited2 opinions
- Hooker & Woodward v. VandewaterNew York Supreme Court · 1847
- Doolin v. WardNew York Supreme Court · 1810
3Cited by44 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- People ex rel. Peabody v. Chicago Gas Trust Co.Illinois Supreme Court · 1889
- People v. . BuddNew York Court of Appeals · 1889
- Matter of DaviesNew York Court of Appeals · 1901
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