Thomas Walker President of the Bank of Utica v. Hewitt
New York Supreme Court
The complaint was on a promissory note, made by the defendant, to the order of Godard & Hovey, and endorsed by them, A. Miller, and J. V. P.Gardner, and contained an allega1 tion that the note was, “ before it became and fell due, delivered to, and discounted by, the Bank of Utica, in its ordinary course of business.”
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The complaint was on a promissory note, made by the defendant, to the order of Godard & Hovey, and endorsed by them, A. Miller, and J. V. P.Gardner, and contained an allega1 tion that the note was, “ before it became and fell due, delivered to, and discounted by, the Bank of Utica, in its ordinary course of business.” The answer alleged that the note was executed by the defendant for the accommodation of Godard & Hovey, and left with them, upon their agreement that the time of payment (which was left in blank) should be filled up with some day not more than sixty days distant from the date of…
1Opinion of the Court
W. F. Allen, Justice,
i entered upon the examination of this motion with a desire to ascertain what was the practice es- ■ tablished by the decisions of the courts under the provisions of the Code, authorizing the court to strike out pleadings and parts of pleadings, upon motion. But a brief reference to a few of the many reported cases, satisfied me that it would be impossible to extract from them, as a body, any rule which I could apply to this or any case similarly situated; and that the decisions were so entirely conflicting, and therefore unsatisfactory, that the practice might well be…
2Cases cited2 opinions
- Mier v. CartledgeNew York Supreme Court · 1850
- In re EdymoinNew York Supreme Court · 1852
3Cited by1 opinion
- Robert Gere Bank v. InmanNew York Supreme Court · 1889