Rodman v. Munson

Rodman v. Munson. Appeal from the general term of the Supreme Court, in the second district, where a judgment entered in favor of the defendant, upon demurrer to the answer, had been affirmed. (Reported below, 13 Barb. 63, 188.) This was an action on a promissory note for $515, made by the defendant, on the 23d January 1852, in favor of J. Watson Williams, and by the latter indorsed to the plaintiff, payable on the 1st February, then next. The defence was, that it was given in consideration of a canal-revenue certificate, which was issued under an unconstitutional law, and, therefore, void; and that the plaintiff received it when over-due. The plaintiff demurred to the answer, and thus raised the same question, presented in Newell v. People {ante 9). The court, at special term (Brown, J.), gave judgment for the defendant on the demurrer, which having been affirmed at general term, the plaintiff took this appeal. Rodman, appellant, in proprid persond. Nenio, for the respondent. [MAJORITY — Per Curiam.] Per Curiam. Judgment affirmed, for the reasons given in Newell v. People. Judgment affirmed. Welles, J., dissented.