Legal Opinion

Raymond v. Merchant

New York Supreme Court

Decided August 15, 1824PublishedCited by 6 opinions

Assumpsit- Declaration on a negotiable promissory note, made by the defendant and payable to the plaintiff, 1 •dated November 3d, 1814 for $130. Plea, 1st, non-ctssumpsit ; 2. that after making the note, &c. to wk, on the 26th day of December, 1816. at the city of Albany, Stephen Merchant was the defendant’s creditor ; that the defendant was then and there imprisoned arid had been imprisoned for 60 days and upwards; upon execution, in a civil action ; that Stephen Merchant,…

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Assumpsit- Declaration on a negotiable promissory note, made by the defendant and payable to the plaintiff, 1 •dated November 3d, 1814 for $130. Plea, 1st, non-ctssumpsit ; 2. that after making the note, &c. to wk, on the 26th day of December, 1816. at the city of Albany, Stephen Merchant was the defendant’s creditor ; that the defendant was then and there imprisoned arid had been imprisoned for 60 days and upwards; upon execution, in a civil action ; that Stephen Merchant, being then and there apprehensive that , ° rr the estate or effects of the defendant would be wasted or embezzled, did…

1Opinion of the Court

*150 Curia,

per Savage, Ch. J.

Under the pleadings in this

case> afid the previous decisions of this Court, (Mather v.Bush, 16 John. 233, Matter of Wendell, 19 John. 153,) the question raised is, whether the note executed in Vermont be an extinguishment of the previous contract, or indebtedness on which the note was predicated. The principle adopted by this Court, in Homles v. D'Camp, (1 John. Rep. 36-7,) is, that a negotiable note is not absolutely an extinguishment of an antecedent, simple contract debt; but that the plaintiff may recover upon the original consideration, provided he shews the note…

2Cases cited1 opinion

  1. In re WendellNew York Supreme Court · 1821

3Cited by6 opinions

  1. Miller v. LumsdenIllinois Supreme Court · 1854
  2. Wilson v. Matthews, Finley & Co.Supreme Court of Alabama · 1858
  3. In re StansfieldDistrict Court, D. Nevada · 1877
  4. Steamboat Charlotte v. Lumm ex rel. HammondSupreme Court of Missouri · 1845
  5. Bantz v. BasnettWest Virginia Supreme Court · 1877

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