Bartlett v. Tarbox
New York Court of Appeals
Appeal from judgment of Supreme Court. The action was brought in December, 1851, to recover the amount of four promissory notes made by the defendant; one dated March 2d, 1846, for $15; another August 10th, 1846, for $150; another November 18th, 1846, for $13; and another April 2d, 1849, for $99.84. The defense set up was payment and a set-off against Elijah Brown, an attorney-at-law, the former holder of the notes, and that the plaintiff was not the owner and holder.
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Appeal from judgment of Supreme Court. The action was brought in December, 1851, to recover the amount of four promissory notes made by the defendant; one dated March 2d, 1846, for $15; another August 10th, 1846, for $150; another November 18th, 1846, for $13; and another April 2d, 1849, for $99.84. The defense set up was payment and a set-off against Elijah Brown, an attorney-at-law, the former holder of the notes, and that the plaintiff was not the owner and holder. One of the allegations in the answer was that Brown, at the time of the sale and delivery of the notes to the plaintiff was,…
1Opinion of the CourtWright, J.
The defendant’s notes were transferred to the plaintiff in November, 1851, by. Elijah Brown, a former owner and holder. Two- defenses were interposed, First., that the plaintiff was not then owner, but that they were the property of Brown; and, second, a .set-off against Brown.. The.set-off claimed was the amount of a note'($283.83) made by one Huntington, which it was alleged the defendant sold to Brown in 1849, and which had been paid to the latter; also, for moneys received by Brown, to and for the use of the defendant, and money paid by the-latter to the former during the six years prior…
2Cases cited2 opinions
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
- Porter v. . PotterNew York Court of Appeals · 1858
3Cited by6 opinions
- Bradley v. . McDonaldNew York Court of Appeals · 1916
- Armour v. GaffeyAppellate Division of the Supreme Court of the State of New York · 1898
- Kemp v. DicksonIndiana Superior Court · 1871
- Friedman v. Equitable Life Assurance Society of the United StatesCity of New York Municipal Court · 1934
- Hammond Packing Co. v. HoweyAppellate Division of the Supreme Court of the State of New York · 1911
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