Pierce v. Crafts
New York Supreme Court
IN ERROR from the court of common pleas of Otsego county. Crafts brought an action of assumpsit against Pierce, in the court -below.- The declaration was on the counts, for money ienb money paid, and for money had and received to the use of the plaintiff The defendant pleaded wow assumpsit. • 4 •/ At the trial, in support of his declaration, the plaintiff offered in evidence two notes.
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IN ERROR from the court of common pleas of Otsego county. Crafts brought an action of assumpsit against Pierce, in the court -below.- The declaration was on the counts, for money ienb money paid, and for money had and received to the use of the plaintiff The defendant pleaded wow assumpsit. • 4 •/ At the trial, in support of his declaration, the plaintiff offered in evidence two notes. The first -was as follows: “ For value received, due William Douglas's, or bearer, fourteen dollars and fifty cents, with interest, payable the 1st March next. Springfield, 8th November, 1811. James Pierce.”…
1Opinion of the CourtPlatt, J.
This was an action of indebitatus assumpsit for money had and received, money lent, &c.; and the chief question is, whethey the promissory notes in the hands of the plaintiff below, as bearer, were properly admitted in evidence under sucha count?
It is clear, that as well before as .since the statute making notes negotiable, the person named as payee might give such note in evidence, under the general counts for money lent, or money had and received, Sec. (Clerke v. Martin, 2 Lord Raym. 755. Story v. Atkins, 2 Stra. 719. Grant v. Vaughan, 3 Burr. 1516. Smith v. Smith, 2 Johns. Rep. 235. Arnold…
2Cited by38 opinions
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