Legal Opinion

Highland Bank v. Dubois

New York Supreme Court

Decided May 15, 1848PublishedCited by 5 opinions

Motion for a new trial upon a case. The plaintiff brought assumpsit against the defendant, as endorser of a promissory note for $6000, made by Gilbert Ogden Fowler, dated August 10, 1843, payable six months after date. The cause was tried at the Orange circuit on the 17th September, 1845, before the Hon. Charles H. Buggies, circuit judge. The endorsement, presenlation for payment, non-payment and notice to defendant, were admitted, and the plaintiff rested.

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Motion for a new trial upon a case. The plaintiff brought assumpsit against the defendant, as endorser of a promissory note for $6000, made by Gilbert Ogden Fowler, dated August 10, 1843, payable six months after date. The cause was tried at the Orange circuit on the 17th September, 1845, before the Hon. Charles H. Buggies, circuit judge. The endorsement, presenlation for payment, non-payment and notice to defendant, were admitted, and the plaintiff rested. The following facts were then proved, upon which the defendant relied for his defence. Gilbert Ogden Fowler, the maker of the note, was…

1Opinion of the Court

By the Court, Whittlesey, J.

The. plaintiff made out a prima facie case, and is entitled to a verdict upon it, whether the note is actually .owned by. the bank or some other person, unless some valid defence is established. The defence insisted upon at the trial, and upon which the case turned in the charge of the judge, was, that-the note was; paid on the. 28th of October, previous to its maturity, with the proceeds of..a- note made by a third person and-endorsed by the maker of the one in.suit. If indeed it were established that it was actually paid by money raised from any source by the-…

2Cases cited1 opinion

  1. Gage v. KendallNew York Supreme Court · 1836

3Cited by5 opinions

  1. Bates v. . RosekransNew York Court of Appeals · 1867
  2. Matteson v. EllsworthWisconsin Supreme Court · 1873
  3. Farrington v. Frankfort BankNew York Supreme Court · 1857
  4. Farrington v. Frankfort BankNew York Supreme Court · 1857
  5. Brink v. StrattonAppellate Division of the Supreme Court of the State of New York · 1906

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