Prentiss v. Graves
New York Supreme Court
THIS action was "brought against the defendants as indorsers of a promissory note. The ■ complaint was in the form usual against indorsers.
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THIS action was "brought against the defendants as indorsers of a promissory note. The ■ complaint was in the form usual against indorsers. The defendants answered separately, and alleged that each of them indorsed the note as a surety, in fact with the understanding and on the condition that such indorsement should be of no effect, and that the note should not be negotiated or passed off for any purpose except to pay, satisfy and discharge a certain draft or bill of exchange, made by Wandel Bhines, jr. bearing date on or about the 19th day of October, 1858, and directed to Southworth,…
1Opinion of the Court
*624 By the Court,
Campbell, J.
The request on the part of
the defendants, that the justice at the circuit should hold and decide that a part of the answer set up a counter-claim, was properly denied. The defendants needed no affirmative relief, and really sought none. The facts pleaded were set up as a complete defense at law. In the case of The Xenia Bank v. Lee, (2 Bosw. 694,) Lee not only claimed in his defense that he was the owner of the notes, but by way of counter-claim demanded that the plaintiff- should pay to him the amount thereof, seeking to charge the plaintiff as indorser. In this…
2Cases cited4 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Bank of Salina v. BabcockNew York Supreme Court · 1839
- White v. ColeNew York Supreme Court · 1840
- Xenia Branch of State Bank of Ohio v. LeeThe Superior Court of New York City · 1858
3Cited by7 opinions
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
- McClenahan v. . CottenSupreme Court of North Carolina · 1880
- Gale v. MillerNew York Supreme Court · 1867
- Bruce v. WrightNew York Supreme Court · 1874
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
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