Turner v. . Keller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon four promissory notes alleged to have been made by defendant Henry Reges and indorsed by defendant Keller, which notes were given to William Elliott for cattle delivered to George Reges, who signed the' name of Henry to the notes with the knowledge of Elliott.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon four promissory notes alleged to have been made by defendant Henry Reges and indorsed by defendant Keller, which notes were given to William Elliott for cattle delivered to George Reges, who signed the' name of Henry to the notes with the knowledge of Elliott. Keller. indorsed upon the representation of Elliott that the notes' were executed by Henry. Elliott transferred the, notes after maturity…
1Opinion of the Court
Church, Ch. J.
Although the general rule is that an indorsement of a promissory note amounts (among other things) to a contract that the instrument itself and the antecedent signatures thereon are genuine (Story on Promis. Ho tes, § 135), yet I apprehend that no such liability could be enforced" by a holder who procured an indorsement upon a forged note" with knowledge of the forgery, and upon a representation to the indorser that it was genuine. That is the defence set up in this case as against Elliott, to whom the note was given; and the plaintiff’s intestate occupies no better position…
2Cited by3 opinions
- First Bank of Notasulga v. JonesAppellate Division of the Supreme Court of the State of New York · 1913
- Arnson v. AbrahamsonNew York Court of Common Pleas · 1890
- Mosher v. CarpenterNew York Supreme Court · 1878