Wells v. Stewart
New York Supreme Court
Error to the Fulton common pleas. Stuart sued Wells before a justice of the peace and recovered a judgment, and Wells appealed to the court of common pleas, where Stuart again recovered, and Wells brought a writ of error to this court to reverse that judgment.
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Error to the Fulton common pleas. Stuart sued Wells before a justice of the peace and recovered a judgment, and Wells appealed to the court of common pleas, where Stuart again recovered, and Wells brought a writ of error to this court to reverse that judgment. It appeared on the trial, that on the 14th day of April, 1845, Stewart gave one Pete)- Coyne a nego,-. tiable note for $59, payable in ninety days, which by subsequent endorsements became the property of Wells on the 26th day of May, 1845. That on the 28th day of May, 1845, Wells owed Stewart, on account, $75,70, which account on that…
1Opinion of the Court
By the Court,
HaNd, J,
This case involves the construction of a portion of our statute of set-off.- On the 26 th of May, 1845, Wells owed Stewart, on account, over $75, and on that day he purchased a valid negotiable note against Stewart for $59, but which did not become due until in July thereafter. Two days after Wells became owner of the note, Stewart assigned his property to trustees for the benefit of his creditors, which assignment included his account against Wells. The question of notice does not arise. Wells owned the note before the assignment, and if it is a proper set-off, the…
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