Jerome v. Whitney
New York Supreme Court
THIS was an action of assumpsit. The declaration contained two counts. 1. For that whereas the defendant, on the 9th November, 1803, at, &c. in considera- ’ 77? tion that the plaintiff would then and there sell and con-x vey to the defendant, a certain' piece or parcel of land, . „ , .. . . situate, See. made a certain instrument or note in wrxting, subscribed, &c. bearing date the same day and year aforesaid, and delivered the same instrument in writing ta the plaintiff,…
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THIS was an action of assumpsit. The declaration contained two counts. 1. For that whereas the defendant, on the 9th November, 1803, at, &c. in considera- ’ 77? tion that the plaintiff would then and there sell and con-x vey to the defendant, a certain' piece or parcel of land, . „ , .. . . situate, See. made a certain instrument or note in wrxting, subscribed, &c. bearing date the same day and year aforesaid, and delivered the same instrument in writing ta the plaintiff, and thereby, for value received, promised to pay the plaintiff sixty dollars with interest, to be paid . c J i . J 7 1 m…
1Per curiam
This is not a promissory note under the statute, for it is payable in “ neat cattle,” and it therefore required a consideration to be stated, either by showing the acknowledgment of one upon the face of the note, or otherwise by particularly averring it, as in a declaration upon a special agreement. The note is expressed to be given for value received, and the question is, whether that is not evidence, prima facie, of a consideration. Whatever might have been the true import of the decision in Lansing v. M'Killip, (3 Caines, 286.) in respect to this question, is not now very material, for…
2Cases cited1 opinion
- Lansing v. M'KillipNew York Supreme Court · 1805
3Cited by28 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Camp v. ScottSupreme Court of Connecticut · 1879
- Dunlap v. KellyMissouri Court of Appeals · 1904
- United States v. BrownU.S. Circuit Court for the District of Ohio · 1843
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