9 Johns. 120
Decided May 15, 1812
New York Supreme Court · decided 1812-05-15
THIS was an action of assumpsit. The declaration contained several counts. The first was on a-promissory note, under statute> dated the 17th May, 1810, by which the defendant, ^°r va'ue received, promised to pay the plaintiff or bearer, forty-four dollars, by the first day of October next, with use, to be paid York state bills or specie. The other counts were for goods sold and delivered, money paid, money lent, &c. The defendant demurred to the declaration.
Cited in Anderson (1889)’s definition of “Cashisr”
Good law ✅— No negative treatment on recordhow we know
Decided 1812-05-15
Cited by 5 later decisions — most recently June 1870
3 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.
View the full empirical analysis of this case →
¶1The first count in the declaration, and to which there is a general demurrer, is good. The note therein stated is a negotiable note, under the statute; and being declared to be paya* *121ble in York state bills or specie, is the same thing as being made payable in lawful current money of the state ; for the bills mentioned mean bank paper, which is here, in conformity with common usage and common understanding, regarded as cash.
¶2Judgment for the plaintiff.