Nichols v. Martin
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered on a verdict rendered at the Cayuga Circuit, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried.
1Opinion of the Court
Bradley, J.:
On 11th November, 1881, Isaac Depuy sold and delivered to the defendants a quantity of wheat, and for the price of it they then delivered to him their note, payable to his order at sixty days. When the note became due he called upon them for payment and was informed that they had a note made by him, exceeding in amount that made to him, and they' proposed to use it by way of set-off. He then stated to them that the wheat did not belong to him but was owned by his wife. The defendants’ note was after-wards transferred to the plaintiff, who brought this action upon it; and the…
2Cases cited8 opinions
- Barnes v. . PerineNew York Court of Appeals · 1854
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Jewett v. PalmerNew York Court of Chancery · 1823
- Wright v. . CabotNew York Court of Appeals · 1882
- Christie v. BishopNew York Court of Chancery · 1845
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