Bay v. Gunn
Court for the Trial of Impeachments and Correction of Errors
Error to the Columbia common pleas. Gunn sued Bay and Livingston in the court' below, and declared upon the money counts, annexing a copy of a promissory note to the declaration.
Read the full summary
Error to the Columbia common pleas. Gunn sued Bay and Livingston in the court' below, and declared upon the money counts, annexing a copy of a promissory note to the declaration. Each of the defendants plead non-assumpsit separately, and Livingston put in an additional plea setting up infancy / to which the plaintiff replied, that after making the promises and undertakings in the declaration mentioned, and before the commencement of the suit, the defendant Livingston, to wit, on, &c. at, &c. attained his age of twenty-one years, and afterwards, and before the commencement of the suit on, &c.…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The witness Moore was the first endorser of the nóte. If he had any interest in this action against the makers, there can be no doubt that the release by the plaintiff rendered him a competent witness.
The note is payable to “E. Moore, assignee of J. K. Van Ness, or order,” and it is endorsed generally “ E. Moore,” without any addition. The endorsement is sufficient to pass all the payee’s "interest in the note, whether he held it in his own right, or as assignee for the benefit of some one. else.
The endorsement and delivery of the note by Mrs. Van Ness, after it…
2Cases cited1 opinion
- Thompson v. ButtonNew York Supreme Court · 1817
3Cited by6 opinions
- Welsh v. . CochranNew York Court of Appeals · 1875
- Henry v. . RootNew York Court of Appeals · 1865
- Planing Mill Lumber Co. v. City of ChicagoIllinois Supreme Court · 1870
- Moss v. . LivingstonNew York Court of Appeals · 1850
- Taft v. SergeantNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.