Moore v. Viele
New York Supreme Court
Error from the Saratoga common pleas. ’ Viele sued Moore in 1826, before a Justice of the peace, and declared on a promissory note made by the defendant, bearing date in November, 1815, for the sum of $25, payable on the 1st day of June then next, to David Blood, junior, or bearer.
Read the full summary
Error from the Saratoga common pleas. ’ Viele sued Moore in 1826, before a Justice of the peace, and declared on a promissory note made by the defendant, bearing date in November, 1815, for the sum of $25, payable on the 1st day of June then next, to David Blood, junior, or bearer. The defendant pleaded the general issue, the statute of limitations, and an insolvent discharge, discharging him from all his debts, granted in May, 1817. The plaintiff replied a new promise since the discharge, and within six years of the time of the commencement of the suit. The cause was tried by a jury, and a…
1Opinion of the Court
By the Court,
Marcy, J.
This case in all its essential features resembles that of Depuy v. Swart, (3 Wendell, 135.) The negotiability of the note on which the suit is brought, was destroyed by the discharge of the maker under the insolvent act, and its subsequent transfer did not give to the person receiving it a right to maintain an action directly on it.
There is, however, another feature in this case which does not seem to have received as much notice as it appears to me to have deserved. The payee of the note was the only witness by whose testimony the action was sustained. He transferred…
2Cases cited1 opinion
- Depuy v. SwartNew York Supreme Court · 1829
3Cited by10 opinions
- Evans v. CareySupreme Court of Alabama · 1856
- Watkins v. StevensNew York Supreme Court · 1848
- Stearns v. TappinThe Superior Court of New York City · 1856
- Way v. SperryMassachusetts Supreme Judicial Court · 1850
- Walbridge v. HarroonSupreme Court of Vermont · 1846
5 more not listed; retrieve them via the Exa API.