Winchell v. Latham
New York Supreme Court
Assumpsit, tried at the Oneida circuit, April, 1826, before Williams, C. Judge. The action was on three promissory notes, dated respectively January 21 st, April 21 st, and November 13th, 1823, the last for $2100, 20, made by the testator and payable to the plaintiff.
Read the full summary
Assumpsit, tried at the Oneida circuit, April, 1826, before Williams, C. Judge. The action was on three promissory notes, dated respectively January 21 st, April 21 st, and November 13th, 1823, the last for $2100, 20, made by the testator and payable to the plaintiff. After the plaintiff had proved the handwriting of the testator to the several notes, the parties went into evidence touching the consideration of the large one, which, with the points arising upon it, and the other matters material to the questions decided, will be found stated in the opinion of the court. The jury found for the…
1Opinion of the Court
Curia, per
Sutherland, J.
The only matter in controversy between the parties, is the note of November 1823, for $2100,20, which purports to have been signed by Oliver Porter, the testator of the defendant, There seems to be no doubt of the genuineness of the signature. But it is contended by the defendant, either that *683it was obtained from Porter by imposition, when he was in a state of intoxication, or that he supposed it to be a small note, probably for twenty-one dollars and twenty cents; and that the word hundred was fraudulently inserted by the plaintiff, either before or after it was…
2Cases cited3 opinions
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
- Howes v. BarkerNew York Supreme Court · 1808
- Maigley v. HauerNew York Supreme Court · 1811
3Cited by7 opinions
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Ming v. TruettMontana Supreme Court · 1871
- Riggs v. StateMississippi Supreme Court · 1872
- Young v. HibbsNebraska Supreme Court · 1877
- Ohlert v. AldersonWisconsin Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.