Wyck v. McIntosh
New York Court of Appeals
The action was brought, in the superior court of the city of New-York, against the defendant, as indorser of a promissory note. The note was made by Thomas McIntosh & Co., for $2045.35, payable six months after date to the order of the defendant, John McIntosh, and purported to be indorsed by him. The defence was that the indorsement was a forgery.
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The action was brought, in the superior court of the city of New-York, against the defendant, as indorser of a promissory note. The note was made by Thomas McIntosh & Co., for $2045.35, payable six months after date to the order of the defendant, John McIntosh, and purported to be indorsed by him. The defence was that the indorsement was a forgery. On the trial the plaintiffs proved that the note was given for two bills of goods sold by the plaintiffs to the makers, and that when the bills were presented the note in question was in the hands of Thomas McIntosh, one of the makers and a son of…
1Opinion of the CourtT. A. Johnson, J.
The fact having been disclosed by the plaintiffs’ evidence that the note in question was in blank, and was filled up with "the amount by one of the makers when it was delivered, it was competent for the plaintiffs to show that the defendant had, before that tune, delivered notes to the same maker, indorsed in blank in like manner, to be used in the business of the firm to which such maker belonged. This evidence was not competent on the question of handwriting, nor was it offered for that purpose. But it was clearly competent on the question of' the authority of the maker to fill up and use…
2Cases cited1 opinion
- Olmsted v. StewartNew York Supreme Court · 1816