Gould v. Chase

Decided May 15, 1819

New York Supreme Court · decided 1819-05-15

IN ERROR, on certiorari to a Justice’s Court. This was an action upon a promissory note not negotiable, executed by the defendant in error, who was, also, defendant in the Court below, to the plaintiff in error, in whose name the suit was brought, but for the benefit of one Hos-kins, the assignee of the note. The note was dated the 28th of December, 1813, for 25 dollars, payable three months after date, with interest.

Good law ✅— No negative treatment on recordhow we know

Decided 1819-05-15

How this case has been cited

Cited by 6 later decisions — most recently April 1904

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The note which was allowed to be set-off, ■was given by the plaintiff three years before the note on which the suit was brought, and the settlement between the parties took place about a year and a half afterwards. The question is, whether, under the circumstances of this case, the demands exhibited by the defendant ought to have been *227considered as due to him from the nominal plaintiff. In the absence of all explanation, the giving of the note in ques-lion, is prima facie evidence, that these demands had been satisfied; but when to this fact is added the testimony, that the defendant promised to pay the note when it was shown to him by Hoskins, after the assignment, the presumption that the demands offered as a set-off, had been previously settled, is not to be resisted.

¶2Judgment reversed.