Cuyler v. Sanford
New York Supreme Court
Assumpsit, tried at the Wayne circuit in December, 1848, before Sill, justice. The action was against Sanford as maker, and Petit and Johnson as indorsers of a promissory note in the words and figures following: “ $1000. Palmyra, January 3d, 1848. Thirty days from date I promise to pay to the order of J. G. Petit, one thousand dollars, payable at the Farmers’ Bank of the city of Troy, for value received. J. L. Sanford.”
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Assumpsit, tried at the Wayne circuit in December, 1848, before Sill, justice. The action was against Sanford as maker, and Petit and Johnson as indorsers of a promissory note in the words and figures following: “ $1000. Palmyra, January 3d, 1848. Thirty days from date I promise to pay to the order of J. G. Petit, one thousand dollars, payable at the Farmers’ Bank of the city of Troy, for value received. J. L. Sanford.” The execution of the note by Sandford, the indorsement by the other defendants, and the due protest of the note, and notice thereof to the indorsers, were proved. The…
1Opinion of the Court
By the Court, Welles, J.
The case' does not show upon What ground the plaintiffs were nonsuited ; whether upon one, or more, of those stated by the defendants’ counsel. They were all insisted upon at the argument, and it becomes necessary, therefore, to consider them all.
The first ground taken at the trial, by the defendants* counsel, was that the consideration of the note was in violation of the laws in restriction of banking. (1 R. S. 712, § 1, restricted and modified by § 1, ch. 20, of Laws of 1837.) The statutes here *228referred to prohibit persons, associations of persons, and bodies…
2Cases cited1 opinion
- President, Directors, & Co. of the Bank of Auburn v. Weed & AikenNew York Supreme Court · 1822
3Cited by2 opinions
- Cuyler & Sexton v. SanfordNew York Supreme Court · 1851
- Kassel v. BeckerThe Superior Court of New York City · 1863