Legal Opinion

Powell v. Waters

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1826PublishedCited by 23 opinions

On error from the supreme court. The action below was assumpsit by the plaintiffs, J. and T. Povíell, as second indorsees, against the defendant, as first indorser of a promissory note.

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On error from the supreme court. The action below was assumpsit by the plaintiffs, J. and T. Povíell, as second indorsees, against the defendant, as first indorser of a promissory note. (17 John. 176, S. C.) "On the trial, before Mr. Justice Woodworth, at the Orange circuit, in September, 1820, the jury found a special verdict, as follows: That on the fourteentli day of July, 1814, Benjamin Wood made and signed his certain promissory note, by which he- promised to pay to Thomas Waters, or order, ninety days after date, fifteen hundred dollars, at the bank of Newburgh; that Waters endorsed the…

1Opinion of the Court

Jones, Chancellor.'

It is evident from the opinion of the supreme court, that the cause turned there on the single point of competency. The sole object of the writ of error is defeated, if things remain in their present shape. But we ought not to hear and decide the question of amendment ex parte. Counsel should- be heard on both sides; and for that purpose, perhaps a motion be regularly made. I am free to say, however, that I would not inquire whether there be, j ust now, any thin'g in the supreme court which can be brought up. The practice of that court is well known. They will- even allow…

2Cited by23 opinions

  1. Hall v. WilsonNew York Supreme Court · 1853
  2. Claflin v. . BoorumNew York Court of Appeals · 1890
  3. Weaver Hardware Co. v. . SolomovitzNew York Court of Appeals · 1923
  4. Clark v. . SissonNew York Court of Appeals · 1860
  5. Cobb v. . TitusNew York Court of Appeals · 1854

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