Hall v. Wilson
New York Supreme Court
Action against the defendant as maker of a promissory note ■for $120, dated April 1,1851, and payable on the 1st day of April thereafter, to L. Upson or bearer. The note was made for the purpose of taking up another note of the same amount, made by the defendant and held by the payee Upson, but was never delivered.
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Action against the defendant as maker of a promissory note ■for $120, dated April 1,1851, and payable on the 1st day of April thereafter, to L. Upson or bearer. The note was made for the purpose of taking up another note of the same amount, made by the defendant and held by the payee Upson, but was never delivered. It was placed by the maker in his desk as a place of deposit until he could exchange notes with Upson, and was stolen from thence by a laborer in the employ of the defendant, and by him transferred to one Bigelow, about ten o’clock in the evening of June 10,1851, for f> 115'paid by…
1Opinion of the Court
By the Court, W. F. Allen, J.
The justice by whom this action was tried held and decided that the plaintiff was not a holder of the note in suit for value, and rested his decision entirely upon the title of Bigelow derived from Bundy who stole the note. The note, at the time it was stolen, was imperfect, never having been delivered by the maker to the payee, or any other person, or in any way put in- circulation by him. The mere act of signing the paper, without a delivery of it as evidence of a subsisting debt, did not make it the note of the signer. (Burrage v. Lloyd, 1 Exch. Rep. 32. Brind…
2Cases cited4 opinions
- Dowe v. SchuttNew York Supreme Court · 1846
- Ramsdell v. MorganNew York Supreme Court · 1837
- Powell v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1826
- Goldsmid v. Lewis County BankNew York Supreme Court · 1852
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- Burson v. HuntingtonMichigan Supreme Court · 1870
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Eastman v. . ShawNew York Court of Appeals · 1875
- Seybel v. . National Currency BankNew York Court of Appeals · 1873
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