Brown v. Spofford
Supreme Court of the United States
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.…
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