Meriden National Bank v. Gallaudet
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court in the city of New York, entered upon an order made the first Monday of December, 1887, which affirmed a judgment in favor of defendant entered upon a verdict, and affirmed an order denying a motion for a new trial The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court in the city of New York, entered upon an order made the first Monday of December, 1887, which affirmed a judgment in favor of defendant entered upon a verdict, and affirmed an order denying a motion for a new trial The nature of the action and the facts are sufficiently stated in the opinion. In every sale of a chose ini action there is an absolute implied warranty by the vendor who is not an indorser that the paper is genuine, and that the parties are competent to contract as expressed therein and that he knows of no defect of…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for breach of warranty in the sale of a promissory note purporting to be made by Franklin Farrell & Co., to the order of W. M. Babbott, and indorsed by him, the plaintiff claiming that there was no such firm as Franklin Farrell & Go., and that consequently 'the note was not genuine. The defendant claims that he sold the note to plaintiff as the agent of Babbott; that there was such a firm, and that the note was a genuine note thereof.
A person who sells commercial paper as his own is under•stood to warrant his title thereto to be good, and that the…
2Cases cited4 opinions
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1836
- Littauer v. . GoldmanNew York Court of Appeals · 1878
- First National Bank of Chittenango v. . MorganNew York Court of Appeals · 1878
3Cited by12 opinions
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Meyer v. . RedmondNew York Court of Appeals · 1912
- Orient Mid-East Lines v. Albert E. Bowen, Inc.Court of Appeals for the Second Circuit · 1972
- Huston v. TylerSupreme Court of Missouri · 1897
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