Denniston v. Bacon
New York Supreme Court
THIS was an action of assumpsit, brought by the plaintiff, as endorsee of a promissory note, dated the 24th of July, 1810, by hich the defendants promised, 60 days after date, to pay to the order of William Gere and Robert Elliot, one thousand dollars at the Mohawlc Bank. Value received. It was admitted, at the búal, that the plaintiff claimed in behalf of Robert Elliot, the one half of the note with interest.
Read the full summary
THIS was an action of assumpsit, brought by the plaintiff, as endorsee of a promissory note, dated the 24th of July, 1810, by hich the defendants promised, 60 days after date, to pay to the order of William Gere and Robert Elliot, one thousand dollars at the Mohawlc Bank. Value received. It was admitted, at the búal, that the plaintiff claimed in behalf of Robert Elliot, the one half of the note with interest. The defendant gave in evidence h'om Elliot, as follows: “I have made an agreement with the Mohawk Bank for drawing one thousand dollars from the capital, by the note of Timothy L. Bacon…
1Per curiam
Though the plaintiff sues as endorsee of the note, it is admitted that he sues in behalf of Elliot, one of the *201original payees, and the merits of the case, and the terms upon which the note was given, are open for examination, equally as if the suit was between the original parties to the note. The letter of Elliot explains the condition upon which the note was given, and tile purposes to which it was to be applied. The object of the parties was to raise money at the Mohawk Bank, the one half of which, when raised, to be applied to the use and benefit of Gere, one of the payees, and of Abner…
2Cited by14 opinions
- President of the Bank of Chenango v. HydeNew York Supreme Court · 1825
- Bell v. ShibleyNew York Supreme Court · 1861
- Armstrong v. CookIndiana Supreme Court · 1868
- Fulton Bank v. BenedictThe Superior Court of New York City · 1829
- Ross v. KnightSuperior Court of New Hampshire · 1827
9 more not listed; retrieve them via the Exa API.