Rowley v. Ball
New York Supreme Court
Error, from the C. P. of the county of Monroe. The cause was originally commenced by Rowley against Ball, before a J usticp of that county, who gave judgment against Ball, who appealed to the Common Pleas, where the cause was tried January 1C)th, 1822. Rowley declared against Ball upon a promissory note given by the latter to one William Huxley, payable to him or bearer, for $30, dated on or about the middle of June, 1819, and transferred to the plaintiff; and the…
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Error, from the C. P. of the county of Monroe. The cause was originally commenced by Rowley against Ball, before a J usticp of that county, who gave judgment against Ball, who appealed to the Common Pleas, where the cause was tried January 1C)th, 1822. Rowley declared against Ball upon a promissory note given by the latter to one William Huxley, payable to him or bearer, for $30, dated on or about the middle of June, 1819, and transferred to the plaintiff; and the declaration averred that the note had since been stolen, lost, or destroyed, or taken from the plaintiff without his consent or…
1Opinion of the Court
Curia,
per Woodworth. J.
No exception was taken to the proof given as to the execution of the note. Were it necessary, however, to express an opinion, I should consider the evidence, prima facie, sufficient. The witness stated to the defendant that he held two notes against him, given to William Huxley ; one for $30, the other for $20. The defendant, in reply, admitted the notes, and offered to make part payment. The identity of the note to which the con-' fession related, is established with reasonable certainty. *312The case of Shaver v. Ehle, (16 John. 201) is clearly distin- . , ,, - , gmshable…
2Cases cited2 opinions
- Shaver v. EhleNew York Supreme Court · 1819
- Fintard v. TackingtonNew York Supreme Court · 1813
3Cited by14 opinions
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- Wofford v. Board Police of Holmes CountyMississippi Supreme Court · 1870
- Mackey v. MackeySupreme Court of Colorado · 1891
- Moore v. FallSupreme Judicial Court of Maine · 1856
- In re CookAppellate Division of the Supreme Court of the State of New York · 1903
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