Vanauken v. Hornbeck
Supreme Court of New Jersey
■ This was an action of debt brought in the court for the trial of small causes. The plaintiff’s state of demand will be found in the opinion of the chief justice.
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■ This was an action of debt brought in the court for the trial of small causes. The plaintiff’s state of demand will be found in the opinion of the chief justice. From the transcript of the justice, it appears, that on the trial before him, it was proved, “ That more than four years since, the plaintiff produced to the defendant, at the defendant’s house, in the presence of the witness, an old note of hand, much worn, and requested defendant to give him a new note for the same; defendant agreed to do so, and after ascertaining what was due on the old note, the defendant drew a new note for…
1Opinion of the Court
The opinion of the court was delivered by
Hornblower, C. J.
The state of demand filed in the court below, so far as it is material to the case, was as follows : “ The plaintiff demands of the defendant, ninety-six dollars for so much money by the plaintiff heretofore, to wit, on the 19th of December, 1826, lent and advanced to the defendant, at his request, for which the defendant gave the plaintiff the promissory note of the defendant, payable at a certain day now past, which note, since the making thereof, has been worn out and destroyed.” , ■ -
After a trial, the justice, in the absence of…
2Cases cited3 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Sebree v. DorrSupreme Court of the United States · 1824
- Arnold v. CraneNew York Supreme Court · 1811
3Cited by1 opinion
- In Re RasnickNew Jersey Superior Court Appellate Division · 1962