Bank of Orleans v. Barry
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, tried at the Orleans circuit on the 14th day of October, 1843, before Dayton, C. Judge. The declaration contained the general money counts, with a copy of the promissory note hereinafter mentioned, annexed. The defendant pleaded non-assumpsit, and another defence not necessary to be here noticed.
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Assumpsit, tried at the Orleans circuit on the 14th day of October, 1843, before Dayton, C. Judge. The declaration contained the general money counts, with a copy of the promissory note hereinafter mentioned, annexed. The defendant pleaded non-assumpsit, and another defence not necessary to be here noticed. On the trial the plaintiffs produced and proved a note, of which the following is a copy: “ Ninety days after date, we jointly and severally promise to pay The Bank of Orleans, or order, six hundred dollars, for value received. Abner Darling. “ Clarkson, Feb. 1, 1837. Hopkins Rowell,…
1Opinion of the Court
By the Court, Beardsley, J.
We first hear of this note about forty days after its date, at which, time it was transferred by the defendant to the .plaintiffs, and by them discounted for his benefit. In form, the note was payable to the plaintiffs or order, the defendant’s name not appearing on its face, and it was signed by Darling, Rowell and Boughton, the last two adding to their signatures the word surety. When discounted, the defendant’s name was endorsed on the back of the note, and in that condition it was transferred by him to the plaintiffs.
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