Steinhart v. Boker
New York Supreme Court
APPEAL from an order made at a special term denying a motion to set aside the verdict as against evidence, &c. The complaint alleged that about October 23, 1857, the plaintiff left with Jacob Oohn nine hundred pounds sterling, to be deposited by Oohn with the defendants, for the plaintiff. That Oohn did deposit the same with the defendants for safe keeping, to be paid to the plaintiff on demand.
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APPEAL from an order made at a special term denying a motion to set aside the verdict as against evidence, &c. The complaint alleged that about October 23, 1857, the plaintiff left with Jacob Oohn nine hundred pounds sterling, to be deposited by Oohn with the defendants, for the plaintiff. That Oohn did deposit the same with the defendants for safe keeping, to be paid to the plaintiff on demand. That the plaintiff has demanded the same from defendants, who refused to deliver it. The plaintiff demanded judgment for $4356, with interest from February 3, 1858. The answer specifically denied each…
1Opinion of the Court
By the Court, Ingraham, J.
The question in this case is whether a party who takes a note in the usual course of bu*443siness, and gives value for it, is bound also to make inquiry as to the title to the note, if there are circumstances of suspicion attending the receipt of it, or if the person taking it is guilty of negligence by which he is led to take it, when due diligence would have informed him of the defect of title.
In Raphael v. The Bank of England, (33 Eng. Law and Eg. 276,) it was held that the title of a person to a note received in good faith and for value could not be impeached for…
2Cases cited2 opinions
- Davis v. . McCreadyNew York Court of Appeals · 1858
- Hall v. WilsonNew York Supreme Court · 1853
3Cited by7 opinions
- Magee v. . BadgerNew York Court of Appeals · 1866
- Seybel v. . National Currency BankNew York Court of Appeals · 1873
- Mechanics' Bank of Williamsburgh v. FosterNew York Supreme Court · 1865
- Marine Bank of N.Y. v. . ClementsNew York Court of Appeals · 1865
- Lynch v. . KennedyNew York Court of Appeals · 1865
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