O'Callaghan v. Sawyer

New York Supreme Court

O'Callaghan v. Sawyer

5 Johns. 118

CourtNew York Supreme Court

DecidedNovember 15, 1809

StatusPublished

Cited by11 cases

This text of 5 Johns. 118 (O'Callaghan v. Sawyer) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Callaghan v. Sawyer, 5 Johns. 118 (N.Y. Super. Ct. 1809).

Pincite

Opinion

.Per Curiam.

The 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.

Judgment reversed,

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.Per Curiam.

The 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.

Judgment reversed,

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Bluebook (online)

5 Johns. 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocallaghan-v-sawyer-nysupct-1809.

Opinion

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