Batty v. Carswell
New York Supreme Court
. , jt His was an action or assumpsit, on a promissory note, alleged to have been made by the defendants. The note was dated the 23d of October, 1801, for the payment of $250, in 60 days. Plea non assumpsit. The cause was tried at the Washington circuit, on the 18th of June, 1806, before Mr. Chief Justice Kent.
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. , jt His was an action or assumpsit, on a promissory note, alleged to have been made by the defendants. The note was dated the 23d of October, 1801, for the payment of $250, in 60 days. Plea non assumpsit. The cause was tried at the Washington circuit, on the 18th of June, 1806, before Mr. Chief Justice Kent. On the trial, the subscribing witness to the note swore, that two or three weeks previous to the date of the note, David Carswell, one of the defendants, applied to Abner Carswell, the other defendant, to be his surety to the plaintiff, on a note for $250, payable in six months, which…
1Opinion of the CourtLivingston, J.
This was a special power, and ought to have been strictly pursued.‡ But the note, to which Abner Carsivellau-thorised the witness to put his name, was to be payable in six months ; whereas, the one he signed had only sixty days to run. The note, then, as far as it concerned Abner, admitting there was no revocation, was made without his authoirty. His confession, after the suit was commenced, does not alter the state of the case. It was merely that he had allowed David to put his name to a note. This must have been the one of which the first witness speaks, which was to be payable in six…
2Cited by14 opinions
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