Savage v. Davis
New York Supreme Court
This was an action of assumpsit, tried at the Monroe circuit before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff declared as the endorsee of a promissory note made by the defendants.
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This was an action of assumpsit, tried at the Monroe circuit before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff declared as the endorsee of a promissory note made by the defendants. The defendants pleaded the general issue and a special plea of set-off, alleging that the note at the time of the making thereof, was and still is the property of Abraham, Plumb', the payee thereof; that at the time of the endorsement of the note, and of the commencement of the suit, Plumb was, and still is indebted to the defendants in the sum of $2000 for work and labor, goods sold, money…
1Opinion of the Court
By the Court,
Nelson, J.
The defendants objected to the plaintiff’s right to recover, on the ground that the plaintiff by his replication had admitted that the transfer of the note was with the intent' to defraud the defendants of their set-off, and had also admitted the amount of the set-off specified in the plea, and which 'exceeded the amount of the note. This undoubtedly constituted a perfect defence, although it should not be considered as coming within the provision of the revised statutes, vol. 2, p. 354, § 18, sub. 10, as is abundantly supported by well settled principles. Hendricks v.…
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