Woodruff v. Moore
New York Supreme Court
This cause was tried by the court, without" a jury, by consent, at the Washington circuit, on the 25th February, 1850. On the 13th April, 1843, Philander C. Moore & Co., the defendants, in the lifetime of Wm. P. Moore, made their certain promissory note in writing, of that date, by which they promised to pay to the order of the plaintiff, at the Bank of Whitehall, the sum of one thousand dollars, six months after date, with interest.
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This cause was tried by the court, without" a jury, by consent, at the Washington circuit, on the 25th February, 1850. On the 13th April, 1843, Philander C. Moore & Co., the defendants, in the lifetime of Wm. P. Moore, made their certain promissory note in writing, of that date, by which they promised to pay to the order of the plaintiff, at the Bank of Whitehall, the sum of one thousand dollars, six months after date, with interest. The plaintiff transferred the note by indorsement, and it became the property of William A. Moore, who three days?, before the statute of limitations attached,…
1Opinion of the CourtWillard, J.
The contract between the maker of the note and the payee, or first indorsee, is that the former will pay the note according to its tenor and effect. The obligation is created by the instrument itself, and the remedy to enforce it will be discharged by the statute of limitations at the same moment, in whose hands soever the note may be. If the note had been held by the payee, for over six years, it can not be doubted that the statute of limitations would be a valid plea, on the part of the maker. The same would be the result, if the note had been held by any subsequent indorsee, however…
2Cases cited2 opinions
- Butler v. WrightNew York Supreme Court · 1829
- Butler v. WrightNew York Supreme Court · 1823
3Cited by5 opinions
- Blanchard v. . BlanchardNew York Court of Appeals · 1911
- Brill v. BrandtNew York Supreme Court · 1941
- Brill v. BrandtAppellate Division of the Supreme Court of the State of New York · 1941
- Columbia Casualty Co. v. YanoweCity of New York Municipal Court · 1936
- Blanchard v. BlanchardNew York Supreme Court · 1908