Legal Opinion

Shephard v. Watrous

New York Supreme Court

Decided August 15, 1805PublishedCited by 6 opinions

ASSUMPSIT by the payee against the maker of a promissory note for two hundred dollars, given under the following circumstances : The defendant, while under arrest at the suit of the plaintiff in an action of slander, made the note in question, to be delivered into the hands of certain persons, who were to decide upon the subject of controversy between them, and in consequence of this arrangement, was instantly discharged from custody; after which the arbitrators returned the…

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ASSUMPSIT by the payee against the maker of a promissory note for two hundred dollars, given under the following circumstances : The defendant, while under arrest at the suit of the plaintiff in an action of slander, made the note in question, to be delivered into the hands of certain persons, who were to decide upon the subject of controversy between them, and in consequence of this arrangement, was instantly discharged from custody; after which the arbitrators returned the note to the plaintiff indorsed 100 dollars. At the trial, the defendant offered to prove, that in the suit on which he…

1Opinion of the Court

Per curiam, delivered by

Thompson, J.

The present application for a new trial is made on three grounds. 1st. The want of consideration for the note on which the action is brought. 2d. That it was obtained by oppression and undue advantage. 3d. That the judge at the circuit excluded testimony which ought to have been admitted.

The want of consideration cannot be objected against the pote. There was an. agreement between the parties to submit to arbitration, a matter in controversy between them. Kyd on Awards, 7. 1 Ld. Ray, 248.* Though this agreement was by parol, there can be no doubt but it was…

2Cited by6 opinions

  1. Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
  2. Dunham v. . GriswoldNew York Court of Appeals · 1885
  3. Bush v. BrownIndiana Supreme Court · 1874
  4. Walker v. LarkinIndiana Supreme Court · 1890
  5. Mitchell v. BushNew York Supreme Court · 1827

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