Utica Insurance v. Cadwell
New York Supreme Court
This was an action of assumpsit tried at the Oneida circuit in April, 1828, before the Hon. Nathan Williams, one of ,L . , , the Circuit judges. The declaration contained a count on a promissory note for $1000, dated 28th September, 1825, payable in 90 days, to Henry Green or order, and endorsed by him to the plain-y ’ J r tins and the common money counts.
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This was an action of assumpsit tried at the Oneida circuit in April, 1828, before the Hon. Nathan Williams, one of ,L . , , the Circuit judges. The declaration contained a count on a promissory note for $1000, dated 28th September, 1825, payable in 90 days, to Henry Green or order, and endorsed by him to the plain-y ’ J r tins and the common money counts. The defendants plead-non assumpsit and specially that in July, 1822, the stockholders of the Utica Insurance Company, in pursuance of authority given by the act of their incorporation, voted to discontinue the business of the corporation,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I think the judge decided correctly in rejecting the parol proof. Where papers are at a distance, the party or his attorney is not bound, upon notice, to leave court and his business, and go or send for books or papers, unless he has reasonable time before the cause may be tried. It happened that between the time o'f serving the notice and the trial there was time to have sent to New-York; but the attorney could not know that the cause would not be reached, or that the circuit would last till he could obtain the books. The judge at the circuit must exercise a…
2Cited by39 opinions
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- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Pratt v. . ShortNew York Court of Appeals · 1880
- Juzan v. ToulminSupreme Court of Alabama · 1846
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