Legal Opinion

Winter v. Livingston

New York Supreme Court

Decided January 15, 1816PublishedCited by 7 opinions

THIS was an action, of assumpsit on three promissory notes, ‘ ■ i j. ? ma¿e by the defendant in- favour of the plaintiff, dated Jzme 1st,. 1803,. one ¿payable 11 months .after date for 10,000 dollars, one payable 23 months after.-date for 5,000 dollars, and the other 3-5 months after date for 7,549 dollars-and 7 cents.

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THIS was an action, of assumpsit on three promissory notes, ‘ ■ i j. ? ma¿e by the defendant in- favour of the plaintiff, dated Jzme 1st,. 1803,. one ¿payable 11 months .after date for 10,000 dollars, one payable 23 months after.-date for 5,000 dollars, and the other 3-5 months after date for 7,549 dollars-and 7 cents. The cause was tried .-at'the, New-York sittings, in April, 1815, before Mr. J. rr -ar -' > ' - ‘ ’ ’ VCLKl JMieSS, ' • , * : The due execution of the notes haying been admitted, the defendant produced,, in. evidence,' a. certain instrument executed ‘ , . ... . '. . .... ' '…

1Per curiam

"The motion for A new trial Brast be denied* The facts in the case' clearly show, that no consideration has been paid for the notes. Without going into a minute detail of these facts, they will, On examination, be found satisfactorily to show, that the defendant being indebted to Thomas Maulé in a large sum of money, a patent for land,, to which the defendant was entitled,, was taken out in MauWs name ; that by a subsequent arrangement between the parties, these lands were conveyed by Maulé to' Winter, on his becoming security for the debt which the defendant owed tó Maúle ; and the notes in…

2Cited by7 opinions

  1. Baumann v. JeffersonNew York Court of Common Pleas · 1893
  2. Weeks v. PattenSupreme Judicial Court of Maine · 1841
  3. Manning v. BrownSupreme Judicial Court of Maine · 1833
  4. Little v. ThurstonSupreme Judicial Court of Maine · 1870
  5. Mackie v. CairnsNew York Court of Chancery · 1825

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