Baker v. Arnold
New York Supreme Court
ASSUMPSIT by the indorsees against the makers of a note, for ^‘330, dated March the 31st, 1796, payable on the 31st March, 1799, with interest from thence, to Roszoell Lombard, or order, with an indorsement' to the plaintiffs in these words : “ Pay the within note to Erastus Baker and “ Sylvester Rowlson value received, March 30th, 1799, Ros- “ well Lombard.’’’’ On the trial, the hand-writings of the defendants and payee being admitted, the plain tiffs there rested their…
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ASSUMPSIT by the indorsees against the makers of a note, for ^‘330, dated March the 31st, 1796, payable on the 31st March, 1799, with interest from thence, to Roszoell Lombard, or order, with an indorsement' to the plaintiffs in these words : “ Pay the within note to Erastus Baker and “ Sylvester Rowlson value received, March 30th, 1799, Ros- “ well Lombard.’’’’ On the trial, the hand-writings of the defendants and payee being admitted, the plain tiffs there rested their cause. Tne defendants, to establish that the indorsement was made after the note was due, and thus afford an opportunity of…
1Opinion of the Court
Thompson, T.
The misdirection complained of, so far ' r , , , , , , . as I have been able to understand it, irom the points made in the case, or from the argument of the counsel, is, that the indorsement upon the note, and the certificate of May, l^g/, which both speak a language, directly contradicting the testimony of Roswell Lombard, were submitted to the jury as facts, in any measure, impeaching the veracity of Lombard, or the correctness of his memory. This objection appears to me altogether unfounded. It was deemed all-important to the defendants, and the turning point in the cause, to…
2Cited by7 opinions
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- Proctor v. ColeIndiana Supreme Court · 1888
- Mulford ex rel. Fullerton v. ShepardIllinois Supreme Court · 1839
- Howland v. ConwayDistrict Court, S.D. New York · 1848
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