Herrick v. Woolverton
New York Supreme Court
MOTION for a new trial on exceptions ordered to be heard in the first instance at a general term. The promissory note upon which the action was brought was made by the defendant on the 9th of February, 1861, for $1500, payable to the order of H. D. Hawkins, and by him immediately, on the same day, indorsed and delivered to Jonathan E. Herrick.
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MOTION for a new trial on exceptions ordered to be heard in the first instance at a general term. The promissory note upon which the action was brought was made by the defendant on the 9th of February, 1861, for $1500, payable to the order of H. D. Hawkins, and by him immediately, on the same day, indorsed and delivered to Jonathan E. Herrick. The note was payable on demand, with interest, and was held by Jonathan E. Herrick, the original holder or indorsee, on or about the 28th of April, or first of May, 1861, when it was transferred by him to his. brother, Delaus W. Herrick, the plaintiff.…
1Opinion of the Court
By the Court,
Milleb, J.
The question presented in this case is, whether a promissory note payable on demand with interest, made and dated nearly three months before it was transferred to a third party, and in the hands of a bona fide holder, is open to any defense existing between the original parties.
The authorities are not entirely harmonious as to the precise time when a negotiable note, payable on demand with interest, shall be deemed dishonored, so as to let in a defense of the original maker against a third person to whom it has been negotiated. Until very recently, at least, there…
2Cases cited5 opinions
- Merritt v. . ToddNew York Court of Appeals · 1861
- Furman v. HaskinNew York Supreme Court · 1805
- Losee v. DunkinNew York Supreme Court · 1810
- French v. KennedyNew York Supreme Court · 1849
- Hendricks v. JudahNew York Supreme Court · 1806
3Cited by2 opinions
- Hirst v. BrooksNew York Supreme Court · 1867
- Cowing v. AltmanNew York Supreme Court · 1873