Burr v. Smith
New York Supreme Court
APPEAL from a judgment in favor of the defendant, entered on the report of a-referee. The action was brought to recover the amount due on a promissory note in the words and figures following: “ Farmington, Oct. 27,1851. Three months after date, for value received, I promise to pay James Osborne, or bearer, two thousand dollars, with interest. Myron Norton. Jacob Smith, surety. Melancthon Lewis, surety.”
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APPEAL from a judgment in favor of the defendant, entered on the report of a-referee. The action was brought to recover the amount due on a promissory note in the words and figures following: “ Farmington, Oct. 27,1851. Three months after date, for value received, I promise to pay James Osborne, or bearer, two thousand dollars, with interest. Myron Norton. Jacob Smith, surety. Melancthon Lewis, surety.” The plaintiff produced the note on the trial, before the referee, and proved its execution by the defendant. Upon the back of the note were two payments, indorsed as follows: “ B.eceived on…
1Opinion of the Court
By the Court, Welles, J.
The only question in this case is, whether the transaction between Riley and the witness Folger, as testified to by the latter, amounted to a payment and satisfaction of the note in question, or a sale and transfer thereof by Folger to Riley. The referee finds that the note was paid and satisfied to Folger-while in his hands, he being one of the owners thereof at the time, the note then being over due.
*264The note was the debt of Myron Norton, one of the makers; the defendant and Melancthon Lewis haying signed it as sureties for him. The payments made by the defendant to…
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- Patrick v. Boonville Gas Light Co.Missouri Court of Appeals · 1885
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