Douglass v. Wilkinson
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in March, 1834, before the Hon. James Vandebpoel, one of the circuit judges. The declaration contained a count by the plaintiffs, as endorsees, against the defendant, as endorser of a promissory note, bearing date 13th December, 1828, made by Heman Norton as drawer, for $750, payable to the order of the defendant, at the Mechanics’ & Farmers’ Bank, ninety days after date.
Read the full summary
This was an action of assumpsit, tried at the Albany circuit in March, 1834, before the Hon. James Vandebpoel, one of the circuit judges. The declaration contained a count by the plaintiffs, as endorsees, against the defendant, as endorser of a promissory note, bearing date 13th December, 1828, made by Heman Norton as drawer, for $750, payable to the order of the defendant, at the Mechanics’ & Farmers’ Bank, ninety days after date. The declaration also contained the common money counts. On the trial of the cause, the plaintiffs produced in evidence a note in these words: “ $2500. Albany, 13th…
1Opinion of the Court
By the Court,
Bronson, J.
Since these parties were before the court on a former occasion (6 Wend. 637), the declaration has been amended, by striking out the two special counts which it then contained, and inserting a count on the note, describing it as having been made for the sum of [433] $750. On the former trial, the special facts in relation to the making and endorsing of the paper did not appear. It was then regarded as a valid note against the maker for $2500, and as the payee had only transferred a part of the note, without showing that the residue had been satisfied, it w'as held that…
2Cases cited1 opinion
- Douglass v. WilkesonNew York Supreme Court · 1831
3Cited by6 opinions
- Merchants' & Mechanics' Bank of Wheeling v. EvansWest Virginia Supreme Court · 1876
- State Solicitors' Co. v. SavageSupreme Court of Florida · 1897
- Schoop v. ClarkeNew York Court of Appeals · 1864
- Shoop v. ClarkNew York Court of Appeals · 1864
- Portage County Branch Bank v. LaneOhio Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.