Legal Opinion

Hook v. . Pratt

New York Court of Appeals

Decided October 14, 1879PublishedCited by 26 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 14 Hun, 396.) This action was brought by plaintiff, as trustee of Charles H. Hook, against defendants, as executors of the will of James P. Haskin, deceased, upon a draft signed and indorsed by said testator, of which the following is a copy : “ $5,000. Syracuse, 3ST. Y., September 13, 1872. 11 Orrin Welch, Treasurer Morris Run Coal Co. Pay to the order of myself, one year…

1Opinion of the CourtBapallo, J.

The point mainly relied upon by the appellant is that the draft and indorsement upon which this action is brought do not on their face import a consideration. The draft was drawn by the defendants testator upon the treasurer of an incorporated company, payable to the drawer’s own order and purported to be for value received. It was indorsed by the drawer by a special indorsement “ Pay to the order of Mrs. Mary Hook, for the benefit of her son Charlie.” The appellant claims that this is one of those restrictive indorsements which do not purport to be made for a consideration, and do not…

2Cases cited1 opinion

  1. Wilson v. HolmesMassachusetts Supreme Judicial Court · 1809

3Cited by26 opinions

  1. Todd v. . WeberNew York Court of Appeals · 1884
  2. Billingsley v. ClellandWest Virginia Supreme Court · 1895
  3. Fiege v. BoehmCourt of Appeals of Maryland · 1956
  4. National City Bank of Brooklyn v. WestcottNew York Court of Appeals · 1890
  5. Williams, Deacon & Co. v. JonesSupreme Court of Alabama · 1884

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