Smith v. Brush
New York Court of Chancery
THE bill, in this cause, was filed January 7th, 1812. The answer of Brush was put in July 29th, 1832. In March, 1813, a rule was entered to produce witnesses in the cause; and, in January, 1815, publication passed, no witnesses having been examined on either side.
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THE bill, in this cause, was filed January 7th, 1812. The answer of Brush was put in July 29th, 1832. In March, 1813, a rule was entered to produce witnesses in the cause; and, in January, 1815, publication passed, no witnesses having been examined on either side. The facts stated in the bill were, that Thomas Gibbons, on the 22d of July, 1804, gave to John Smith, the plaintiff, a 'note for 5,000 dollars, payable in five years, who endorsed it to Robert Smith, jun., who, in April, 1809, gave the note to Theron Rudd, as security, who, with the assent of Robert Smith, jun., delivered the note…
1Opinion of the Court
The Chancellor.
The bill charges the defendant, Brush, with purchasing the note under a knowledge of the consideration for, which it was given, and of the trust under which it was taken by the payee, and deposited with Robert Smith, jun.; and it further charges him with not being a bona fide holder for a valuable consideration. To this charge the answer states, that the note was purchased in April or May, 1809, for a valuable consideration, and the items forming that consideration are particularly mentioned, and amount to 3,550 dollars; that the note was assigned to him by Robert Smith, jun.,…
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