Collier v. Budd

Opinion of the Court, delivered by

Tompkins, Judge.

Some time early in the month of March, 1839, Collier and Pettus sold to Budd a draft for one thousand dollars. This being found to be endorsed in the name of the payee, without his authority, Budd, in the month of July, 1841, commenced this suit against them, to recover the money which he had paid them for the draft. He obtained a judgment against them in the court of common pleas, and they now appeal to this court to reverse the judgment. The draft is as follows:

“Cashier Canal Bank, Albany, pay to the order of Elisha Bentley, &c. one thousand…