Agan v. M'Manus
New York Supreme Court
THIS was an action of assumpsit, on a promissory note, dated TTuly 31, 1811, made by Hiram Clowes, payable on demand, with interest, to the defendant, or order, and by him endorsed to the plaintiff. The cause xvas tried at the Rensselaer circuit, in 1813, before'the Chief Justice.
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THIS was an action of assumpsit, on a promissory note, dated TTuly 31, 1811, made by Hiram Clowes, payable on demand, with interest, to the defendant, or order, and by him endorsed to the plaintiff. The cause xvas tried at the Rensselaer circuit, in 1813, before'the Chief Justice. Clowes, the maker, absconded the 29th of April, 1812. The defendant was indebted to him, and had no effects in his hands , from the time the note xvas given, to the time he went away, On the If th of March, 1812, the plaintiff left the note with the defendant, xvho is an attorney of this court, and desired him to…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The motion to se.t aside the nonsuit must be denied. There xvas no notice of a demand of payment from the maker; nor xvas there any promise by the defendant to pay the note, or other circumstances rendering such notice unnecessary. The note is dated *181the 31st of July, 1811. At what time it was endorsed by the defendant does not appear. It is, however, necessarily to be inferred from the case, that it was some time previous to the 17th of March, 1812: for on that day the note was left with the defendant, by the plaintiff, for the purpose of…
2Cited by6 opinions
- Sice v. CunninghamNew York Supreme Court · 1823
- Newberry v. TrowbridgeMichigan Supreme Court · 1865
- Farrington v. BrownSuperior Court of New Hampshire · 1834
- Savage v. BevierNew York Court of Common Pleas · 1856
- Patterson v. Todd & LemonSupreme Court of Pennsylvania · 1852
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