Van Valen v. Lapham
The Superior Court of New York City
The complaint states, that defendant made his promissory note, dated March the 1st, lb54, whereby he promised to pay to the order of Moore & Van Valen, one year after its date, $200, and delivered it to the payees: they, before its maturity, for a valuable consideration, duly indorsed it to the plaintiff; that no part of it has been paid, and plaintiff is the lawful owner and holder of itand defendant is indebted to him thereupon in the sum of |200, with interest from the…
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The complaint states, that defendant made his promissory note, dated March the 1st, lb54, whereby he promised to pay to the order of Moore & Van Valen, one year after its date, $200, and delivered it to the payees: they, before its maturity, for a valuable consideration, duly indorsed it to the plaintiff; that no part of it has been paid, and plaintiff is the lawful owner and holder of itand defendant is indebted to him thereupon in the sum of |200, with interest from the 4th of March, 1855, for which sum the plaintiff prays judgment. The defendant, by his answer, “ admits the making of the…
1Opinion of the Court
Bosworth, Justice.
The cause could not be noticed, regularly, until issues were joined upon all the pleadings. (Code, § 256.) But as no objection was made, that it was prematurely noticed, if the plaintiff can notice it at all, while the pleadings are in their present condition, it is fair to presume that some stipulation or order precludes the defendant from raising that question.
Even if the counter-claim is valid, and one that can be set up in this action, still, it would be necessary for the plaintiff to establish the cause of action stated in his complaint; for if he should fail to do…
2Cases cited2 opinions
- Whittemore v. AdamsNew York Supreme Court · 1824
- Soper v. SoperNew York Supreme Court · 1830
3Cited by8 opinions
- Howard v. . JohnstonNew York Court of Appeals · 1880
- Chambers v. LewisNew York Court of Common Pleas · 1860
- Enter v. QuesseSupreme Court of South Carolina · 1889
- Northern Trust Co. v. HiltgenSupreme Court of Minnesota · 1895
- Burroughs v. GarrisonNew York Court of Common Pleas · 1873
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