5 Johns. 118
Decided November 15, 1809
New York Supreme Court · decided 1809-11-15
THIS cause came before the court, on a writ of error from the court of common pleas of the county of Cayuga. The declaration in the suit below was on a promissory note drawn by O’Callaghan, dated the 29th March, 1803, and payable to Moses Sawyer, or bearer, on or before the 1st September following, for 22 dollars and SO cents, with interest. The payee, on the 10th March, 1808, the note and interest being unpaid, indorsed the note to the plaintiff, in a fair course of trade.
Good law ✅— No negative treatment on recordhow we know
Decided 1809-11-15
Cited by 6 later decisions — most recently September 1934
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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¶1The set-off ought to have been received. The note had long been due and dishonoured, when it was indorsed; and the point has been too long settled, and too repeatedly recognised, to require any discussion now, that the indorsee took the note, subject to all the equity, and to every defence which existed against it, in the hands of the original payee. (2 Caines, 372. 1 Johns. Rep. 319. 3 Term Rep. 80.) The judgment below must be reversed.
¶2Judgment reversed,