Osborn v. Robbins
New York Supreme Court
ACTION tried at the Herkimer circuit, before Allen, J. It was brought upon a promissory note made by the defendants, payable to Burrill Bice and Esther Jane Bice, or bearer, and transferred to the plaintiff before due. The defense was, that the note was given on the compounding of a felony.
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ACTION tried at the Herkimer circuit, before Allen, J. It was brought upon a promissory note made by the defendants, payable to Burrill Bice and Esther Jane Bice, or bearer, and transferred to the plaintiff before due. The defense was, that the note was given on the compounding of a felony. The defendants offered to prove a conversation between the payees and one of the makers of the note, after they had left the office where the note was given, after the note had been delivered, “respecting the giving the note and the transactions that had occurred.” The evidence was excluded, and the…
1DissentMorgan, J.
(dissenting.) The theory of the defense in this action was, that the note for five hundred dollars was given to compound a felony, and under-circumstances which would render it void on account of duress. It was also claimed that the parties - had previously settled the damages . for which the fióte was given, and that the note in question' was therefore- without - consideration. So objections were taken to the pleadings, nor to the charge of the judge; and the only questions to be considered arise out of the rulings of the judge on the trial. The case shows that Sterling Bobbins, one of the…
2Cases cited11 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Booth v. SmithNew York Supreme Court · 1829
- Russell v. LytleNew York Supreme Court · 1831
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