Ayres v. Scribner
New York Supreme Court
This was an action of assumpsit, tried at the New York circuit in October, 1835, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of assumpsit, tried at the New York circuit in October, 1835, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff declared on four notes; one for $94-87, dated 3d September, 1828, payable five months after date; another for $ 156*75, dated 8th September, 1828, payable five months after date; another for $135*12, dated 26th September, 1828, payable four months after date; and another for $145*06, dated 12th June, 1828, payable five months after date; the declaration contained also the common money counts. Suit commenced in December, 1834. The defendant…
1Opinion of the Court
The opinion of the court was delivered by Mr. Justice Cowen. who, after approving the decisions of the judge at the circuit, in rejecting the testimony offered on the ground of its generality and not coming within any of the specifications set forth in the notice, proceeded as follows: “ The [409 offer to prove that the debts of the petitioning creditors did not amount to two thirds of the whole amount of debts owing by the defendant, was with a view, 1. To question the recorder’s jurisdiction; and, 2. To establish a fraudulent representation of the amount. The first object was precluded by…
2Cited by9 opinions
- Tyrrel v. HammersteinNew York Supreme Court · 1900
- Small v. GravesNew York Supreme Court · 1850
- In re ReimanU.S. Circuit Court for the District of Southern New York · 1875
- Stanton v. EllisNew York Supreme Court · 1853
- Seaman v. McReynoldsThe Superior Court of New York City · 1883
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