Gould v. Armstrong
The Superior Court of New York City
Assumpsit to recover of the defendant the sum of 100 dollars. The declaration contained separate counts upon eight notes or memorandums, of the following tenor: “If James Harrison shall “ go on board such vessel as I shall provide, I promise to pay to “ him, security, or bearer, 15 dollars on receipt of the same, being “ delivered on board. New-York, September 9 th, 1828. (Signed) John E. Armstrong.”
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Assumpsit to recover of the defendant the sum of 100 dollars. The declaration contained separate counts upon eight notes or memorandums, of the following tenor: “If James Harrison shall “ go on board such vessel as I shall provide, I promise to pay to “ him, security, or bearer, 15 dollars on receipt of the same, being “ delivered on board. New-York, September 9 th, 1828. (Signed) John E. Armstrong.” These eight notes were given by the defendant to eight different individuals, four of them being for the sum of fifteen dollars each, and the others for ten dollars each. The declaration also…
1Per curiam
The motion for a non-suit, in this case, was properly overruled at the trial. It was made before the consideration, for which the notes or memoranda were given, was proved, and their illegality from that source, if they were in fact illegal, could not be known until it was proved by the defendant.
But it is contended, that the .plaintiffs are not entitled to recover at all, since the facts are disclosed,—because it is now shown, that the instes were given for an illegal consideration; or that there should be a new trial, at all events, since the defendant offered to prove the facts in relation…
2Cited by4 opinions
- Heaps v. DunhamIllinois Supreme Court · 1880
- Sullivan v. CollinsSupreme Court of Iowa · 1865
- Hatch v. BurroughsU.S. Circuit Court for the Southern District of Georgia · 1870
- Smith v. TaylorSupreme Judicial Court of Maine · 1855