Dorlon v. Christie
New York Supreme Court
4 PPEAL from a judgment entered at a special term on a decision of the court, upon a trial at the circuit without .a jury. The case was tried at the Rensselaer county circuit before justice Peokham. The action was on a note dated Troy, January 7, 1855, executed by one L. R. Sargent, and payable to the order of Robert Christie, jun. the defendant; by him indorsed to Mrs. Gr.
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4 PPEAL from a judgment entered at a special term on a decision of the court, upon a trial at the circuit without .a jury. The case was tried at the Rensselaer county circuit before justice Peokham. The action was on a note dated Troy, January 7, 1855, executed by one L. R. Sargent, and payable to the order of Robert Christie, jun. the defendant; by him indorsed to Mrs. Gr. V. Huddleston, by her to E. Dorlon, and by him to the plaintiff, administratrix of Robert Dorlon, deceased, by which Sargent, three months after date, promised to pay six hundred dollars, with interest, at the Farmers’…
1Opinion of the Court
By the Court,
Miller, J.
When the draft and note were delivered to Dorlon on settlement of the note in suit, it was agreed that he would not receive them in payment of the old note, -indorsed by the defendant, but that he would take them and hold them until the maturity of the draft and note, and would then enforce the old note if they were not paid. Upon the foregoing facts two questions arise.
First. Were the note and draft received in payment of the old note, or merely as collateral to it ?
Second. Was the time of payment extended upon the old note by a valid and binding agreement entered into…
2Cases cited11 opinions
- Leavitt v. BlatchfordNew York Supreme Court · 1848
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Putnam v. LewisNew York Supreme Court · 1811
- Miller v. McCanNew York Court of Chancery · 1839
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3Cited by11 opinions
- Lowman v. . YatesNew York Court of Appeals · 1868
- Pomeroy v. . TannerNew York Court of Appeals · 1877
- Albany City Fire Insurance v. DevendorfNew York Supreme Court · 1864
- Field v. CutlerNew York Supreme Court · 1871
- Greenberg v. GinsbergAppellate Terms of the Supreme Court of New York · 1913
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