Legal Opinion

Ainslie v. Wilson

New York Supreme Court

Decided October 15, 1827PublishedCited by 13 opinions

Assumpsit ; tried at the New York circuit, March 22d, 1825, before Betts, (late) 0. Judge, who signed a bill of exceptions, on which a motion was now made in behalf of the defendant for a new trial.

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Assumpsit ; tried at the New York circuit, March 22d, 1825, before Betts, (late) 0. Judge, who signed a bill of exceptions, on which a motion was now made in behalf of the defendant for a new trial. The bill presented the foliowing state of facts: ° The declaration set forth, in the first count, the promissory notes hereinafter mentioned, as indorsed to John and ^ames Murray; and ayerred that they charged the plaintiff as indorser; and that the plaintiff as indorser paid $1200 them, they being the holders and indorsees, by conveying to them certain lots of ground, which they had agreed to…

1Opinion of the Court

Curia, per Woodworth, J.

There is no sufficient evidence to impeach the transaction between the Murrays and Bronson, as being in fraudem legis, or done with intent to defeat the operation of the defendant’s discharge. But if it be conceded that the transfer to Bronson was collusive, and that the Murrays continued to be the real holders till after the defendant’s discharge, it will not defeat the plaintiff’s right of action, provided that, subsequent to the discharge, he, as first indorser, was liable to the Murrays; and actually made the payment in question.

*The evidence sought to be derived…

2Cases cited2 opinions

  1. Randall v. RichMassachusetts Supreme Judicial Court · 1814
  2. Cumming & Cumming v. Hackley & FisherNew York Supreme Court · 1811

3Cited by13 opinions

  1. Stewart v. ConnerSupreme Court of Alabama · 1846
  2. Redfield v. HaightSupreme Court of Connecticut · 1858
  3. Wagener v. United States Nat. BankOregon Supreme Court · 1912
  4. Beals v. SeeSupreme Court of Pennsylvania · 1848
  5. Bullard v. HascallMichigan Supreme Court · 1872

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