Richards v. Warring
New York Supreme Court
THIS was an action brought by the plaintiff as executor of Platt Richards, deceased, upon a promissory note, of which the following is a copy: “$820. One year after date we promise to pay Platt Richards, eight hundred and twenty dollars, with interest, value received. Amsterdam, April 1st, 1857. (Signed) James E. Warring. James B. Chapman.” And written across the back, “George 0. Warring.”
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THIS was an action brought by the plaintiff as executor of Platt Richards, deceased, upon a promissory note, of which the following is a copy: “$820. One year after date we promise to pay Platt Richards, eight hundred and twenty dollars, with interest, value received. Amsterdam, April 1st, 1857. (Signed) James E. Warring. James B. Chapman.” And written across the back, “George 0. Warring.” This note was given for $820, loaned by the plaintiff’s testator, to James E. Warring and James B. Chapman, composing the firm of “Warring & Chapman.” When delivered by them to the payee the note was…
1Opinion of the Court
By the Court,
Potter, J.
If the code of procedure has not abrogated or interfered with what is commonly known as the commercial law, or law merchant, as it has been understood in this country, the question to be decided is, strictly and only, a question of law. Assuming, for the present, that the “law merchant” remains unchanged; what then is the legal effect to one who writes his name, without any thing more, upon the back of a promissory note not negotiable, which is thereupon transferred to the payee named in the note, and who at the time of the delivery thereof to him parts with the full…
2Cases cited4 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Dean v. HallNew York Supreme Court · 1837
- Westcott v. . ThompsonNew York Court of Appeals · 1858
- Griswold v. SlocumNew York Supreme Court · 1851
3Cited by8 opinions
- Michigan Protection & Advocacy Service, Inc. v. BabinDistrict Court, E.D. Michigan · 1992
- Houghton v. ElyWisconsin Supreme Court · 1870
- Gilbert v. SharpNew York Supreme Court · 1869
- Thompson v. PfeifferSupreme Court of Kansas · 1899
- Buck v. HutchinsSupreme Court of Minnesota · 1891
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