Kohn v. Consolidated Butter & Egg Co.
New York Supreme Court
Action on a promissory note made by the Consolidated Butter & Egg Company to the order of and indorsed first by Frank Gold-stein, and afterwards by the other defendants, and delivered by Goldstein to the plaintiff. The maker and payee made no defense. The subsequent indorsers did defend.
1Opinion of the CourtMcAdam, J.
The Negotiable Instrument Act (Laws of 1897, chap. 612, § 114), in regard to “ irregular indorsers,” applies only, to those who place their signatures as indorsers to negotiable paper “ before delivery ” to the payee. In such cases the act creates a presumption that having indorsed the instrument before delivery to the payee, that they did so with the intention of becoming liable to the payee, the obligation becoming complete only after such de*726livery. Those who seek the benefit of this statute must bring themselves within it by appropriate allegations. In this instance the plaintiff has, by…
2Cases cited7 opinions
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Moore v. . CrossNew York Court of Appeals · 1859
- Cady v. ShepardWisconsin Supreme Court · 1860
- Witherow v. . SlaybackNew York Court of Appeals · 1899
- Howard v. Van GiesonAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by8 opinions
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Mercantile Bank of Memphis v. BusbyTennessee Supreme Court · 1908
- Cripple Creek State Bank v. RollestoneSupreme Court of Colorado · 1921
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- Thomas v. HoebelIdaho Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.