Elias v. Whitney
Appellate Terms of the Supreme Court of New York
Appeal from an order entered in the office of the clerk of the Municipal Court of the city of Mew York, Eighth District, borough of Manhattan, setting aside a verdict of the jury in favor of the defendant and ordering a new trial.
1Opinion of the CourtTruax, J.
The evidence showed that the check in suit had been changed before it reached the plaintiff, and that a mere inspection of the check showed such change. There is no evidence showing that the defendant authorized or assented to the alteration, but the appellant says that he is “ a holder in due course ” and not a party to the alteration, and that, under section 205 of the Negotiable Instruments Law, he may enforce payment on the check, according to its original tenor. Section 91 of the Negotiable Instruments Law states what constitutes a holder in due course. According to that section, a…
2Cited by8 opinions
- Mechanics' American National Bank v. HelmbacherMissouri Court of Appeals · 1918
- Farmers' State Bank v. WestOregon Supreme Court · 1915
- Oltarsh v. Turf Broadway, Inc.City of New York Municipal Court · 1958
- Roberson v. First National BankCourt of Appeals of Georgia · 1959
- Balliet v. WollersheimWisconsin Supreme Court · 1942
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