Brown v. . Richardson
New York Court of Appeals
Appeal from the Superior Court of the city of New York. Action to recover the amount of eight chattel notes or special contracts of which the following is a specimen, the others differing only in amounts and times of payment: “New York, April 22d, 1850. “ Nor value received we jointly and severally promise to pay C. Jj. Brown, or order, in merchandise, on demand, after May 1, 1850, one thousand dollars. “F. G. RICHARDSON, “DAVID WOODS.”
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Appeal from the Superior Court of the city of New York. Action to recover the amount of eight chattel notes or special contracts of which the following is a specimen, the others differing only in amounts and times of payment: “New York, April 22d, 1850. “ Nor value received we jointly and severally promise to pay C. Jj. Brown, or order, in merchandise, on demand, after May 1, 1850, one thousand dollars. “F. G. RICHARDSON, “DAVID WOODS.” The complaint, after setting forth the making of the notes, avers as follows: “ That said notes were duly indorsed by the said C. L. Brown to the plaintiff,…
1Opinion of the CourtSelden, J.
The complaint in this case is, no doubt, informal and defective, in not avering an actual assignment of the notes to the plaintiff These notes being payable in merchandise and not in money, were not negotiable, nor even promissory notes at- all, under our statute; and could not therefore pass by mere indorsement. But in addition to the fact of indorsement, the complaint states that the plaintiff is the lawful owner and holder of the notes; which could not be unless the notes had been assigned. Hence the objection taken by the defendant to the evidenc'e offered to prove an assignment, on the…
2Cited by10 opinions
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