Scott v. Johnson
The Superior Court of New York City
Action by the plaintiff, as indorsee of a promissory note made by the defendant, for $756, dated January 2, 1856, payable to the order of the International Insurance Company, and alleged in the • complaint to have been indorsed to the plaintiffs by the payee, with á further averment that the plaintiffs are now the lawful holders and owners thereof.
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Action by the plaintiff, as indorsee of a promissory note made by the defendant, for $756, dated January 2, 1856, payable to the order of the International Insurance Company, and alleged in the • complaint to have been indorsed to the plaintiffs by the payee, with á further averment that the plaintiffs are now the lawful holders and owners thereof. The answer “ denies that the payees of the note indorsed the same, as alleged in the complaint," and denies that the plaintiffs are the lawful holders and owners thereof, or that the defendant is indebted to them thereon, but says that “ the…
1Opinion of the Court
By the Court—Woodruff, J.
The answer in this case begins with a denial that the plaintiffs are the lawful owners and holders of the promissory note in question, and denies that the payees of the note indorsed the same as alleged in the complaint, or that the defendant is indebted to the plaintiffs thereon in any sum whatever. If these denials stood in the answer unqualified they might perhaps create an issue which would involve every question of legality in the plaintiffs’ title which the defendant could raise by proof. The words of the answer which immediately follow, however, show that it…
2Cases cited2 opinions
- Central Bank of Brooklyn v. LangThe Superior Court of New York City · 1857
- Brouwer, Receiver, &c. of The Pelican Mut. Insurance v. HarbeckThe Superior Court of New York City · 1852
3Cited by1 opinion
- Marine Bank v. ClementsThe Superior Court of New York City · 1860