Hatch v. Benton
New York Supreme Court
This case came before the court on an appeal from a judgment of the Cortland county court, reversing the judgment of a justice in favor of the appellant for $>21,94 damages and costs. The declaration before the justice was upon a promissory note as follows: 11 South Cortland, Jan’y 22, 1842. For value received, I promise to pay Franklin Hatch or bearer thirty-five dollars and interest the first day of January next. Ozias C. Benton.”
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This case came before the court on an appeal from a judgment of the Cortland county court, reversing the judgment of a justice in favor of the appellant for $>21,94 damages and costs. The declaration before the justice was upon a promissory note as follows: 11 South Cortland, Jan’y 22, 1842. For value received, I promise to pay Franklin Hatch or bearer thirty-five dollars and interest the first day of January next. Ozias C. Benton.” On the back of the note were these endorsements: “Received on the within at date two dollars.” “Rec’d February 21, 1843, on the within, twenty dollars.” The…
1Opinion of the Court
By the Court, Morehouse, J.
The record contains the proceedings before the justices of the peace respectively in both of the suits. On the trial of the first cause, the plaintiff proved the execution of the note, and that the defendants were partners, and rested. Then follows, “ James S. Leach, a witness .sworn on the part of the defendant, produced a receipt signed by Franklin Hatch, for twenty dollars, dated Feb’y 12, 1843 ; signature proved by the witness.” It does not appear whether it was objected to or not. It is evident that it was not allowed. The witness produced the receipt, and…
2Cases cited13 opinions
- Curtis v. GroatNew York Supreme Court · 1810
- McGuinty v. HerrickNew York Supreme Court · 1830
- Brockway v. KinneyNew York Supreme Court · 1807
- Beebe v. BullNew York Supreme Court · 1834
- Sherman v. CrosbyNew York Supreme Court · 1814
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3Cited by29 opinions
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- United States v. County of CookCourt of Appeals for the Federal Circuit · 1999
- Matthews v. FreedmanDistrict Court, E.D. Pennsylvania · 1989
- Pennsylvania Dental Association v. Medical Service Association Of PennsylvaniaCourt of Appeals for the Third Circuit · 1984
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