Evertson v. . National Bank of Newport
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Beported below, 4 Hun, 692.) This action was originally brought against the Indianapolis, Bloomington and Western Bailway Company, to collect ten coupons each for the semi-annual interest due April 1, 1811, on a $1,000 bond issued by said corporation, also to collect forty-seven “ interest warrants,” so called, for semi-annual interest due at the same time upon bonds which said corporation was obligated to pay. The…
1Opinion of the CourtAllen, J.
But two questions are presented upon this appeal: First, whether the instruments which are the subjects of the controversy are negotiable promises for the payment óf money, and therefore subject to the samé rules as bank bills or other negotiable instruments, so that one who acquires title in the usual course of business and in good faith, although from one who has obtained them feloniously, may withhold them from the true owner; and secondly, whether they were dishonored at' the time of the purchase of them by the plaintiff.
"■ The rule of cmeat empior does not apply to negotiable instruments…
2Cases cited11 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- Birdsall v. . RussellNew York Court of Appeals · 1864
- Douglass v. WilkesonNew York Supreme Court · 1831
- Brainerd v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1862
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
- Bailey v. . County of BuchananNew York Court of Appeals · 1889
- American National Bank v. KerleyOregon Supreme Court · 1923
- Brooke v. StruthersMichigan Supreme Court · 1896
- Pratt v. HigginsonMassachusetts Supreme Judicial Court · 1918
25 more not listed; retrieve them via the Exa API.