Palmer v. Manning
New York Supreme Court
Error to the common pleas of Orleans county. Palmer sued Manning in a justice’s court on the 26th November, 1845, on a promissory note.
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Error to the common pleas of Orleans county. Palmer sued Manning in a justice’s court on the 26th November, 1845, on a promissory note. Non-assumpsit was pleaded; and on the trial the plaintiff produced a note purporting to have been signed by the defendant, dated June 4th, 1843, for the payment of $20, with use, to the bearer, on the first day of October, 1844. There was an endorsement signed by the plaintiff’s agent on the back of the note, stating that it was given for one < f the plaintiff’s fanning mills, and was to be void if the mill should not prove to be a good one; and that the…
1Opinion of the Court
By the Court, Jewett, J.
The execution of the note by the defendant, upon which the plaintiff recovered, was not proved.
It is claimed to have been proved by the defendant's admission made to the witness Paul. Conceding that this admission sufficiently establishéd that there was a genuine note in existence, executed by the defendant, payable to hearer, for $>20, belonging to the plaintiff, non constat, but that the note produced on the trial was spurious; and if so, a recovery on it would not avail the defendant in a suit on the true note. The identity of the note to which the confession of the…
2Cases cited1 opinion
- Shaver v. EhleNew York Supreme Court · 1819
3Cited by10 opinions
- People v. . CoreyNew York Court of Appeals · 1896
- Matter of PirieNew York Court of Appeals · 1910
- People v. . ManganaroNew York Court of Appeals · 1916
- Bardin v. . StevensonNew York Court of Appeals · 1878
- In re PirieAppellate Division of the Supreme Court of the State of New York · 1909
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