Smith v. Hall
The Superior Court of New York City
This is an appeal by the plaintiffs from a judgment dismissing their complaint with costs. The action was tried before Mr. Justice Slosson, without a jury, in March, 1856. The complaint states that the. defendant made his note, dated the 10th of December, 1855, whereby he promised to pay, six months after its date, to the order of The Atlas Mutual Insurance Company, at the Atlantic Bank, $150; that said Company “indorsed the same to said plaintiffs” before its maturity; that…
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This is an appeal by the plaintiffs from a judgment dismissing their complaint with costs. The action was tried before Mr. Justice Slosson, without a jury, in March, 1856. The complaint states that the. defendant made his note, dated the 10th of December, 1855, whereby he promised to pay, six months after its date, to the order of The Atlas Mutual Insurance Company, at the Atlantic Bank, $150; that said Company “indorsed the same to said plaintiffs” before its maturity; that it is past due and wholly unpaid; and that the plaintiffs are the lawful owners and holders of it, and defendant justly…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The note in question is proved to have been made upon consideration. Even if the. note of §150, maturing June 8, 1856, has been paid, there are §86.72 due on this note. No set-off has been proved, or attempted to be.
The Company actually owed the plaintiffs the amount of the notes transferred on the 15th of January, 1856, for money loaned to it. There is not a particle of evidence that the note, was transferred when the Company was insolvent, or contemplated insolvency, unless the mere fact that it stopped. payment on the 5th of March, 1856, furnishes some evidence…
2Cases cited1 opinion
- Griswold v. LavertyThe Superior Court of New York City · 1854
3Cited by2 opinions
- Atkinson v. . Rochester Printing Co.New York Court of Appeals · 1889
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888