Sheldon v. . Horton
New York Court of Appeals
Appeal from a judgment of the late G-eneral Term of the Supreme Court in the second district, affirming a judgment for the plaintiff upon a verdict. The action was upon a promissory note made by Wm. H. Horton, May 3d, 1865, payable to Miles Knickerbocker or bearer, for the sum of $400, one year from date, with interest at six per cent.
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Appeal from a judgment of the late G-eneral Term of the Supreme Court in the second district, affirming a judgment for the plaintiff upon a verdict. The action was upon a promissory note made by Wm. H. Horton, May 3d, 1865, payable to Miles Knickerbocker or bearer, for the sum of $400, one year from date, with interest at six per cent. It was indorsed by the defendant to Samuel Horton, before its delivery to Knickerbocker, and then delivered by thehnaker in payment of a debt. Subsequently by an arrangement between Knickerbocker and Henry Sheldon, the note was transferred to the latter. On the…
1Opinion of the CourtAndrews, J.
It maybe assumed that the statement made by the defendant to the witness Henry Sheldon, which is relied upon as constituting a waiver of demand and notice, was communicated to the plaintiff, at the time he received the transfer of the note, and that the defendant understood that such communication was to be made.
The interview between the witness and the defendant took place a few days before the maturity of the note, and pending a negotiation between the witness and the plaintiff for the purchase by the plaintiff of the note and other property. It was sought by the witness, at the suggestion…
2Cases cited2 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Spencer v. HarveyNew York Supreme Court · 1837
3Cited by33 opinions
- United States Fidelity Guaranty Co. v. MillerCourt of Appeals of Kentucky (pre-1976) · 1931
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
- Cady v. . BradshawNew York Court of Appeals · 1889
- Whitney v. ChadseyMichigan Supreme Court · 1921
- Caulfield v. FinneganSupreme Court of Alabama · 1896
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