Gardner v. Gordon
The Superior Court of New York City
This action was tried before Mr. Justice Woodruff and a jury, on the the 25th day of March, 1857. The action was brought in 1856, upon two promissory notes made by the defendant at ninety days and dated May 24th, 1842, one payable to the order of I. M. Twitchings, and indorsed by him in blank, and, the other made by the defendant dated the 24th of December, 1844, at four months, payable to the order -of S. Kipp and A. Brown, and indorsed by them.
Read the full summary
This action was tried before Mr. Justice Woodruff and a jury, on the the 25th day of March, 1857. The action was brought in 1856, upon two promissory notes made by the defendant at ninety days and dated May 24th, 1842, one payable to the order of I. M. Twitchings, and indorsed by him in blank, and, the other made by the defendant dated the 24th of December, 1844, at four months, payable to the order -of S. Kipp and A. Brown, and indorsed by them. The answer set up the Statute of Limitations as the only defense. To take the case from the operation' of the Statute of Limitations the plaintiff…
1Opinion of the Court
Bv the Court.
Hoffman, J.
—The action is upon two promissory notes made by the defendant. One of them was payable to Isaac M. Twitchings, was by him indorsed and came into the possession of the plaintiff without further indorsement.
Abraham Brown was examined as a witness for the plaintiff, and proved that the note had been held by him and that payments had been made upon it by the defendant. This was to take the case out of the Statute of Limitations.
The defendant was then offered as a witness on his own behalf, on the ground that Brown was the assignor of a thing in action. He was rejected,…
2Cases cited3 opinions
- Porter v. . PotterNew York Court of Appeals · 1858
- Watson v. BaileyThe Superior Court of New York City · 1853
- Anderson v. BusteedThe Superior Court of New York City · 1856