Gale & Wisner v. Wells
New York Supreme Court
This was an action of assumpsit, brought by the plaintiffs against the defendant as the first indorser of a promissory note for $960,47, dated Newburgh, June 29th, 1842, made by John A. Wells, payable twelve months after date, to the order of George W. Wells, [the defendant,] at the Bank of Newburgh. The declaration contained the common money counts only, to which the defendant pleaded the general issue.
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This was an action of assumpsit, brought by the plaintiffs against the defendant as the first indorser of a promissory note for $960,47, dated Newburgh, June 29th, 1842, made by John A. Wells, payable twelve months after date, to the order of George W. Wells, [the defendant,] at the Bank of Newburgh. The declaration contained the common money counts only, to which the defendant pleaded the general issue. The cause was tried at the New-York December circuit, 1847, before H. Gray, J. and a jury. On the trial the plaintiffs’ counsel called as a witness, John A. Wells, the maker of the note, who…
1Opinion of the CourtMitchell, J.
This action is by Gale and Wisner against
the defendant, as indorser of a note, made by John A. Wells, payable to the order of the defendant and indorsed by him, for §960,47. The note was dated Newburgh, June 29,1842, *90and payable twelve months after date, at the Bank of New-burgh. The only witness who proved the origin of the note, and the circumstances under which it was given, was J. A. Wells the maker; he testified that the defendant’s mother died in 1832, and his father before that time; that he, the witness, had been the guardian of the defendant until he became of age, which was in…
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- Shiverick v. BonsallAppellate Division of the Supreme Court of the State of New York · 1918
- Harris v. GarnerCourt of Appeals for the Eleventh Circuit · 2000
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