Dean v. Hall
New York Supreme Court
Demurrer to declaration. This cause came up upon a demurrer to the second count of the declaration, in which it was stated that the defendant, on, &c., at, &c., made two other certain promissory notes, his own proper hand being endorsed upon the back thereof, and the proper hand and name of Justice Coleman being thereunto subscribed.
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Demurrer to declaration. This cause came up upon a demurrer to the second count of the declaration, in which it was stated that the defendant, on, &c., at, &c., made two other certain promissory notes, his own proper hand being endorsed upon the back thereof, and the proper hand and name of Justice Coleman being thereunto subscribed. “ and then and there delivered the said last mentioned notes to Edward C. Howard, which said last mentioned notes are in words and figures following, to wit: “ $140. Seven months after date I promise to pay Edward C. Howard, or bearer, the sum of one hundred and…
1Opinion of the Court
By the Court;
Cowen, J.
The declaration contains no demand' of payment from the maker nor notice of non-payment to the endorser. The defendant is in this respect treated as the maker of the notes. There are cases which-decide that when notes have been made payable to a particular person or order, or to the order of a particular person, and endorsed first by a third person, such third person has been held to be an original maker of the note, or a guarantor of payment according to the nature of the transaction and the-understanding of the parties. If such endorser put his name on the back of the…
2Cases cited5 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Lamourieux v. HewitNew York Supreme Court · 1830
- Ulen v. KittredgeMassachusetts Supreme Judicial Court · 1810
- Van Staphorst v. PearceMassachusetts Supreme Judicial Court · 1808
3Cited by43 opinions
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Hough v. GrayNew York Supreme Court · 1838
- Phelps v. . VischerNew York Court of Appeals · 1872
- Phillips v. PrestonSupreme Court of the United States · 1846
- Vore v. HurstIndiana Supreme Court · 1859
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