Seeley v. Engell
New York Supreme Court
Appeal by the defendant from a judgment entered upon the report of a referee. The action was brought against the defendant, as the maker of two promissory notes, the one bearing date January 24,1849, by which the defendant, for value received, promised to pay JSTehemiah Seeley or bearer, three days after date, with interest, the sum of $91.39, on which a payment of $58.32 was made by the defendant on the 28th of March, 1850. The other note was dated March 28,1850, and was…
Read the full summary
Appeal by the defendant from a judgment entered upon the report of a referee. The action was brought against the defendant, as the maker of two promissory notes, the one bearing date January 24,1849, by which the defendant, for value received, promised to pay JSTehemiah Seeley or bearer, three days after date, with interest, the sum of $91.39, on which a payment of $58.32 was made by the defendant on the 28th of March, 1850. The other note was dated March 28,1850, and was for the payment of $8.62 to S. Simmon or bearer, with interest, three days after date. The complaint alleged that the…
1Opinion of the Court
By the Court, Bacon, J.
This case comes before the court' for the second time, on an appeal from a judgment rendered for the plaintiff upon the report of the referee. The questions now presented are somewhat different from those passed upon when the cause was sent back for a new trial. The struggle between the parties upon both trials has been to let in, or include; evidence touching the note of $91.39, which was payable to ISTehemiah Seeley, or bearer, and which it was admitted by the pleadings was received by the plaintiff after its maturity. On the first hearing, the referee seems to have…
2Cases cited3 opinions
- Russell v. ClappNew York Supreme Court · 1849
- Doe v. WatsonSupreme Court of the United States · 1850
- Brisbane v. PrattNew York Supreme Court · 1847
3Cited by12 opinions
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
- Bowen v. EmmersonOregon Supreme Court · 1869
- Wedderspoon v. RogersCalifornia Supreme Court · 1867
- Deloatch v. . VinsonSupreme Court of North Carolina · 1891
7 more not listed; retrieve them via the Exa API.