Edwards v. Campbell
New York Supreme Court
APPEAL from a judgment of the Steuben county court, affirming a judgment of a justice of the peace. The action before the justice was brought upon a promissory note made by the defendant, payable to Margaret Campbell or bearer, for $20, dated September 15, 1852, and payable on or before the first of April next after its date.
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APPEAL from a judgment of the Steuben county court, affirming a judgment of a justice of the peace. The action before the justice was brought upon a promissory note made by the defendant, payable to Margaret Campbell or bearer, for $20, dated September 15, 1852, and payable on or before the first of April next after its date. On the trial it appeared that the payee of the note was married to John Brotsman, in October, 1852, and died at her husband’s house, in February, 1854. About eight days before her death, she, being sick at the time, handed the note in question to her sister, Isabel…
1Opinion of the Court
By the Court, Welles, J.
We incline to the opinion that the transaction proved, of the payee of the note, Mrs. Brotsman, delivering the note to her sister to hand to the defendant in payment or on account of his claims for boarding and taking care of her, was a valid cancellation of the note. If the note had been against another person, it would have been a good transfer of it to her brother, the defendant.
But independently of that view, we think the plaintiff failed to show a title in himself to the note. If it was not in judgment *425of law canceled, it remained the property of Mrs. Brotsman at…
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