Bogert v. Vermilya
New York Supreme Court
This was an action brought against the defendant as survivor of William Bruce, upon a joint and several promissory note for $200, made by them on the 21st of January, 1837, payable to the plaintiff three months after date. On the trial the plaintiff proved the execution of the note, by the makers.
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This was an action brought against the defendant as survivor of William Bruce, upon a joint and several promissory note for $200, made by them on the 21st of January, 1837, payable to the plaintiff three months after date. On the trial the plaintiff proved the execution of the note, by the makers. He then proposed to prove that Thomas Vermilya, the defendant, in the fall of the year 1837, departed from this state and was continually absent therefrom until 1843 or 1844; and that the said William Bruce had, within six years previous to the commencement of this suit, acknowledged that the note…
1Opinion of the Court
By the Court, Edwards, J.
The promissory note upon which this suit was brought, and which according to the notice attached to the plaintiff’s declaration, constituted the sole cause of action, was signed by the defendant and William Bruce, who jointly and severally promised to pay the sum of $200, with *34lawful interest, in three months after its date, which was the 21st of January, 1837. The declaration contained only the common money, counts, with a copy of the note annexed. The defendant pleaded the general issue and also actio non accrevit. &c. To this the plaintiff replied generally, and…
2Cases cited2 opinions
- Smith v. LudlowNew York Supreme Court · 1810
- R. Patterson v. W. ChoateNew York Supreme Court · 1831
3Cited by5 opinions
- Reid v. McNaughtonNew York Supreme Court · 1853
- District 1199e, National Union Of Hospital And Health Care Employees v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1979
- Bogert v. VermilyaNew York Court of Appeals · 1853
- Mercer v. Sayer & TolerNew York Supreme Court · 1809
- Washington Leg Fdn v. Texas Equal Access, eCourt of Appeals for the Fifth Circuit · 2001