Legal Opinion

Brown v. Spofford

Supreme Court of the United States

Decided December 10, 1877No. 121PublishedCited by 93 opinions

Error to the Supreme Court of the District of Columbia. This action Was brought by Spofford & Clark, against Samuel P. Brown and Austin P. Brown, on five promissory notes, for $2,2¿7.33 each, made by the defendants Jan. 8, 1872, by their firm name of S. P. Brown & Son," and payable to the' order -of Austin P. Brown in one, two, three', four, and five months after date.

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Error to the Supreme Court of the District of Columbia. This action Was brought by Spofford & Clark, against Samuel P. Brown and Austin P. Brown, on five promissory notes, for $2,2¿7.33 each, made by the defendants Jan. 8, 1872, by their firm name of S. P. Brown & Son," and payable to the' order -of Austin P. Brown in one, two, three', four, and five months after date. The declaration alleged that the notes were, on the date thereof,.severally.indorsed by the said Austin P. Brown, and came before maturity, in due and regular course of commercial dealing, and for a full, fair, and valuable…

1Opinion of the CourtJustice Clifford

Promissory notes payable to order may. be transferred by indorsement, or when indorsed in blank or made payable to bearer they are transferable by mere delivery, and the possession of such an instrument indorsed in blank or made payable to bearer is prima fade evidence- that the holder is the proper owner and lawful possessor of the same ; and nothing short of fraud, not-even .gross negligence, if unattended with malafides, is sufficient to' overcome the effect of that evidence, or to invalidate the title of the holder, supported by that evidence. Goodman v. Harvey, 4 Ad. & E. 70; Goodman v.…

2Cases cited11 opinions

  1. Swift v. TysonSupreme Court of the United States · 1842
  2. Goodman v. SimondsSupreme Court of the United States · 1858
  3. Andrews v. PondSupreme Court of the United States · 1839
  4. Bank of United States v. DunnSupreme Court of the United States · 1832
  5. Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814

6 more not listed; retrieve them via the Exa API.

3Cited by93 opinions

  1. Burke v. DulaneySupreme Court of the United States · 1894
  2. Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
  3. Douglas F. Warner v. Donat Rossignol v. State Farm Mutual Automobile Insurance Company, Intervenor-AppelleeCourt of Appeals for the First Circuit · 1975
  4. Merchants' Bank v. McClellandSupreme Court of Colorado · 1886
  5. Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920

88 more not listed; retrieve them via the Exa API.

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