Douglass v. Wilkeson
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in September, 1829, before the Hon. William A. Duer, then one of the circuit judges. The declaration contains four counts.
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This was an action of assumpsit, tried at the Albany circuit in September, 1829, before the Hon. William A. Duer, then one of the circuit judges. The declaration contains four counts. In the first is stated the making of a note by one He man Norton, bearing date 13th December, 1828, for the sum of $2500, payable ninety days after date, at the Mechanics’ and Farmers’ Bank, to the order of the defendant; then it is averred that the defendant, on the day of the date of the note, and before the payment of the money therein specified, or of any part thereof, endorsed the same, and by such…
1Opinion of the Court
Br the Court.
It is very certain that the plaintiffs cannot recover on the first or second counts in the declaration, unless they are vested with the character of endorsees. It becomes important then to ascertain what constitutes an endorsement, according to the commercial code. “Endorsement is a term known in law, which, by the custom of merchants, transfers the property of the bill or note to the endorsee, and is usually made on the back of the bill, and must be in writing.” Cunn. on Exchange Law, 43. No precise form of words is required to make a valid endorsement; the signature of the…
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- Goldman v. BlumTexas Supreme Court · 1883
- Pratt v. . ComanNew York Court of Appeals · 1868
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