Thompson v. Ketcham
New York Supreme Court
THIS was an action of assumpsit. The declaration contained a count on a promissory note, in the following words : 461 promise to Capt. Samuel Thompson, 80 dollars, for value received. Montego Bay, April 21, 180/.' Thomas Ketcham and also the money counts. Plea, non assumpsit, with notice, pursuant to the statute, that infancy would be given in evidence under the general issue. The cause was tried at the Ulster circuit, in September, 1808, before Mr. Justice Van Ness.
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THIS was an action of assumpsit. The declaration contained a count on a promissory note, in the following words : 461 promise to Capt. Samuel Thompson, 80 dollars, for value received. Montego Bay, April 21, 180/.' Thomas Ketcham and also the money counts. Plea, non assumpsit, with notice, pursuant to the statute, that infancy would be given in evidence under the general issue. The cause was tried at the Ulster circuit, in September, 1808, before Mr. Justice Van Ness. It was proved, at the trial, that the defendant was under 31 years of age, when he executed the note.1 The defendant…
1Opinion of the CourtThompson, J.
The note or instrument given by the defendant, and upon which this suit is brought, is as follows : “ I promise to captain Samuel Thompson 80 dollars, for value received. Montego Bay, April 21, 1807.” The defendant interposed a plea of infancy, and upon the trial proved, that when the note was executed, he was under 21 years of age. The judge at the trial ruled, that to make this plea available, the defendant must also prove, that by the laws of Jamaica, where the note was given, infancy would have been a bar to the action. From the testimony in the case, it appears, that the note was to be…
2Cited by10 opinions
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- Myers v. ByingtonSupreme Court of Iowa · 1872
- Hartford Bank v. GreenSupreme Court of Iowa · 1861
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