Gould v. Chase
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. This was an action upon a promissory note not negotiable, executed by the defendant in error, who was, also, defendant in the Court below, to the plaintiff in error, in whose name the suit was brought, but for the benefit of one Hos-kins, the assignee of the note. The note was dated the 28th of December, 1813, for 25 dollars, payable three months after date, with interest.
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IN ERROR, on certiorari to a Justice’s Court. This was an action upon a promissory note not negotiable, executed by the defendant in error, who was, also, defendant in the Court below, to the plaintiff in error, in whose name the suit was brought, but for the benefit of one Hos-kins, the assignee of the note. The note was dated the 28th of December, 1813, for 25 dollars, payable three months after date, with interest. The note was assigned before it fell due, and the defendant, before it became payable, called at the store of Hoskins, and asked if the note was in his hands, and on its being…
1Per curiam
The note which was allowed to be set-off, ■was given by the plaintiff three years before the note on which the suit was brought, and the settlement between the parties took place about a year and a half afterwards. The question is, whether, under the circumstances of this case, the demands exhibited by the defendant ought to have been *227considered as due to him from the nominal plaintiff. In the absence of all explanation, the giving of the note in ques-lion, is prima facie evidence, that these demands had been satisfied; but when to this fact is added the testimony, that the defendant promised…
2Cited by9 opinions
- Sarraille v. CalmonCalifornia Supreme Court · 1904
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Sanborn v. LittleSuperior Court of New Hampshire · 1826
- Cotherman v. Estate of CothermanMichigan Supreme Court · 1885
- Eighme v. StrongNew York Supreme Court · 1888
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