Sanford v. Mickles
New York Supreme Court
THIS was an action of assumpsit. The declaration contained two counts ; one on a promissory note, dated the 14th June, 1806, given by the defendants to Brown and Olmstead, for 1,249 dollars and 56 cents, payable on demand, and indorsed by Brown and Olmstead,, to the plaintiff. The second count was for money had and received, to the use of the plaintiff. Plea, non assumpsit, with nqtice of set-off.
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THIS was an action of assumpsit. The declaration contained two counts ; one on a promissory note, dated the 14th June, 1806, given by the defendants to Brown and Olmstead, for 1,249 dollars and 56 cents, payable on demand, and indorsed by Brown and Olmstead,, to the plaintiff. The second count was for money had and received, to the use of the plaintiff. Plea, non assumpsit, with nqtice of set-off. The cause was tried at the Onondaga circuit, in September, 1808. The note was signed S. Broxvn, jun. for Mickles & Co. and his authority to make the note was proved. The indorsement on the note was…
1Opinion of the CourtYates, J.
delivered the opinion of the court. 1. It has been decided in the case of Furman v. Haskin., (2 Caines, 369.) that a note payable on demand, indorsed after a lapse of eighteen months, was to be considered as dishonoured and over due, and that the indorsee took it liable to every defence which might have been made by the payee. It is, however, not decided, that a note payable on demand, and indorsed within a shorter period than eighteen months, would not be attended with the same consequences; each case ought, perhaps, to be governed by its own peculiar circumstances. In the one now before us,…
2Cases cited1 opinion
- Furman v. HaskinNew York Supreme Court · 1805
3Cited by25 opinions
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- Tate v. ClementsSupreme Court of Florida · 1878
- Geortner v. Trustees of the Village of CanajoharieNew York Supreme Court · 1847
- Whitehead v. Bank of PittsburghSupreme Court of Pennsylvania · 1841
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