Chamberlain v. Gorham

Decided August 15, 1822

New York Supreme Court · decided 1822-08-15

IN ERROR, to the Court of Common Pleas of Seneca f county. Gorham brought an action of assumpsit against Chamberlain, in the Court below, and declared on a promissory note made by the defendant (C.) to the plaintiff, (G.) for dollars, payable in four years after date. The note was not made payable to order, or negotiable.

Good law ✅— No negative treatment on recordhow we know

Decided 1822-08-15

How this case has been cited

Cited by 7 later decisions — most recently December 1905

6 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,

¶1There is no doubt that the party m interest may be allowed to testify to the Court, upon the preliminary point, as to the loss of the note or instrument ' *146in order to introduce to the jury parol evidence of its contents. (Jackson v. Frier, 16 Johns. Rep. 193.)

¶2The defence set up by the defendant, if proved, would, undoubtedly, be valid, notwithstanding the assignment of the note, and notice of such assignment; for the note not being negotiable, the assignee must take it subject to all the equity existing at the time of the assignment and notice ; and here, the equity or ground of defence was coeval with the date of the note. But the notice accompanying the plea was defective, for the reasons stated in the Court below i and the judgment must, therefore, be affirmed.

¶3Judgment affirmed»