Watson v. Bailey
The Superior Court of New York City
Appeal from a judgment at special term, in favor of the plaintiff for $261.08. The appeal was founded upon exceptions taken by the defendant’s counsel upon the trial. The action was brought by the plaintiff, as endorsee, against the defendant, as first endorser of a promissory note. The defences set up in the answer were, want of notice of the dishonor of the note, and usury.
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Appeal from a judgment at special term, in favor of the plaintiff for $261.08. The appeal was founded upon exceptions taken by the defendant’s counsel upon the trial. The action was brought by the plaintiff, as endorsee, against the defendant, as first endorser of a promissory note. The defences set up in the answer were, want of notice of the dishonor of the note, and usury. The cause was tried before Mr. Justice Paine and a jury, in April, 1853. * It is not necessary to state the proceedings on the trial, except so far as they relate to the two following exceptions, which are all that were…
1Opinion of the CourtBy the Court. Hoffman, J.
Two questions only are raised.
I. Charles W, Pratt made his promissory note in favor of Samuel Bailey, the defendant. The latter endorsed it in blank, and transferred and delivered it to Preserved Gaige, and Gaige, in the language of the complaint, “ transferred and delivered the same to the plaintiff, who is now the lawful bearer and owner of the same.” It is sufficiently shown by the evidence that Gaige delivered this note without endorsing it. Gaige was *512examined as a witness on the trial on behalf of the plaintiff, and after his examination, the defendant offered himself as a witness to the…
2Cited by3 opinions
- Finley v. QuirkSupreme Court of Minnesota · 1864
- Morford v. . DavisNew York Court of Appeals · 1863
- Gardner v. GordonThe Superior Court of New York City · 1858