Fowler v. . Palmer

New York Court of Appeals

Fowler v. . Palmer

62 N.Y. 533, 1875 N.Y. LEXIS 539

CourtNew York Court of Appeals

DecidedSeptember 21, 1875

StatusPublished

Cited by5 cases

This text of 62 N.Y. 533 (Fowler v. . Palmer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fowler v. . Palmer, 62 N.Y. 533, 1875 N.Y. LEXIS 539 (N.Y. 1875).

Pincite

Opinion

Per Curiam.

This action cannot be maintained in view of the decision of this court, in Allerton v. Belden (49 N. Y., 373), which was not reported when this case was decided at Special Term. The defence of payment was perfectly available to the plaintiff in an action upon the note, and no transfer could prejudice it. The plaintiff, under the provisions of the Eevised Statutes, can perpetuate the testimony of witnesses, in anticipation of a suit on the note, and no special circumstances exist, as in the case of McHenry v. Hazard (45 N. Y., 580), which authorize the court to entertain an action for its cancellation and surrender.

*535 The judgment of the General Term affirming the order of the Special Term should be reversed and judgment for the defendant given on the demurrer, with costs.

All concur; Miller, J., not sitting.

Judgment accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This action cannot be maintained in view of the decision of this court, in Allerton v. Belden (49 N. Y., 373), which was not reported when this case was decided at Special Term. The defence of payment was perfectly available to the plaintiff in an action upon the note, and no transfer could prejudice it. The plaintiff, under the provisions of the Eevised Statutes, can perpetuate the testimony of witnesses, in anticipation of a suit on the note, and no special circumstances exist, as in the case of McHenry v. Hazard (45 N. Y., 580), which authorize the court to entertain an action for its cancellation and surrender.

*535 The judgment of the General Term affirming the order of the Special Term should be reversed and judgment for the defendant given on the demurrer, with costs.

All concur; Miller, J., not sitting.

Judgment accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

62 N.Y. 533, 1875 N.Y. LEXIS 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-palmer-ny-1875.

Opinion

Related

Cite This Page — Counsel Stack