Ford v. Stuart
New York Supreme Court
THIS was an action of assumpsit on a promissory note, dated July 12, 1817, made by the defendant, for two hun¿re(j ¡Jotlars, payable to Obadiah Ford, or bearer, on the 5th day of February, 1818, with interest. The cause was tried at the Ontario circuit, in June, 1821, before Mr. Justice Yates. The plaintiff proved the transfer of the note to one 1 1 # Vanderbilt, on the 16th of April, 1818, and by Vanderbilt to him, soon after.
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THIS was an action of assumpsit on a promissory note, dated July 12, 1817, made by the defendant, for two hun¿re(j ¡Jotlars, payable to Obadiah Ford, or bearer, on the 5th day of February, 1818, with interest. The cause was tried at the Ontario circuit, in June, 1821, before Mr. Justice Yates. The plaintiff proved the transfer of the note to one 1 1 # Vanderbilt, on the 16th of April, 1818, and by Vanderbilt to him, soon after. There were three endorsements on the note, in February, March, and April; 1818, of payments, leaving a balance of 163 dollars and 43 cents., The defendant, under a…
1Per curiam
Two questions were made : 1st, Whether the assignee" of the judgment had a right to set it off, against the note, if the judgment had been legally assigned ? 2. Whether, as in this case, a judgment can be assigned by writing without seal. On the first point, it appeals that when the defendant purchased the judgment, Obadiah Ford then held this note, as payee, against the defendant, as maker; and it was not endorsed to the plaintiff, until several months after it was due. The plaintiff, therefore, took the note subject to all equity. We think the case of Tuttle v. Beebee, (8 Johns. Rep. 152.)…
2Cited by18 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
- Stoddard v. BentonSupreme Court of Colorado · 1883
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