Newell v. Salmons & Washburn
New York Supreme Court
THIS action was brought to recover the amount of .a promissory note, alleged to have been executed by the defendants to the plaintiff, bearing date October 1, 1854, for the sum of §1169.86, payable six months after date. The words “with use” had originally been inserted, at the end of the note, but were erased, by lines drawn across them. The cause was heard before H. Gibson, Esq. sole referee.
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THIS action was brought to recover the amount of .a promissory note, alleged to have been executed by the defendants to the plaintiff, bearing date October 1, 1854, for the sum of §1169.86, payable six months after date. The words “with use” had originally been inserted, at the end of the note, but were erased, by lines drawn across them. The cause was heard before H. Gibson, Esq. sole referee. The defendants objected to the note being given in evidence, on the grounds, 1. That no such note was set out in the complaint; that there was a variance between the note offered and that set out. 2.…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
There is nothing in the objection that the referee erred in receiving the note in evidence without further explanation of the erasure. That erasure was certainly not to the prejudice of the defendants, as its effect was to relieve them from the payment of interest for six months and until after the note became due. The note was drawn, at first, on interest from its date, but on the attention of the plaintiff being called to the fact that it was for the purchase of goods not on interest, and on its being insisted by one of the defendants that it ought not to…
2Cases cited2 opinions
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Briggs v. BriggsNew York Supreme Court · 1855
3Cited by13 opinions
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- Chamboret v. CagneyThe Superior Court of New York City · 1870
- Chamboret v. CagneyThe Superior Court of New York City · 1870
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