Lord v. A. & J. F. Wilkinson
New York Supreme Court
MOTION for a new trial, upon exceptions ordered to "be heard in the first instance at a general term, after a verdict for the plaintiff for the value of two stolen 7.30 U. S. notes of $100 each, purchased by the defendants, bankers in Syracuse.
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MOTION for a new trial, upon exceptions ordered to "be heard in the first instance at a general term, after a verdict for the plaintiff for the value of two stolen 7.30 U. S. notes of $100 each, purchased by the defendants, bankers in Syracuse. The notes were stolen at McGrawville, Cortland county, on the night of January .1, 1867. Handbills were immediately circulated, and advertisements published, describing these notes, among others lost at the same time, by the denomination, kind, date of issue and numbers. On the 9th of February, the plaintiff saw one of the defendants, told him of the…
1Opinion of the Court
By the Court,
Boardmar, J.
The rule is conceded, that if a negotiable note, transferrable by delivery, be stolen and afterwards be negotiated to one having no knowledge of the fact, for value, in the usual course of business, and before the note is due, the purchaser acquires a valid title. (2 Pars, on Notes, 255, and cases cited.) The verdict of the jury has determined that the defendants had had notice that these notes were stolen, and that they bought them after receiving such notice. That the defendants paid the market value for the notes, and that they bought them in the usual course of…
2Cases cited1 opinion
- Magee v. . BadgerNew York Court of Appeals · 1866
3Cited by9 opinions
- Mazer Ex Rel. Gunning v. Williams Bros.Supreme Court of Pennsylvania · 1975
- First National Bank v. FazzariNew York Court of Appeals · 1961
- Spitler v. JamesIndiana Supreme Court · 1869
- First National Bank v. Fazzari, New York County Courts1959
- First National Bank v. FazzariAppellate Division of the Supreme Court of the State of New York · 1961
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