Chautauque County Bank v. Davis
New York Supreme Court
This was an action of assumpsit, tried at the Chautauque circuit in July, 1838, before the Hon. Nathan Dayton, one of the circuit judges. The suit was brought on a bill of exchange, drawn by Henry Davis and three other persons on William Davis, of the city of New York, for the sum of $2536 61, dated at Brockport, 25th November, 1835, payable to the order of A. D. Patchin, Esq. three months after date.
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This was an action of assumpsit, tried at the Chautauque circuit in July, 1838, before the Hon. Nathan Dayton, one of the circuit judges. The suit was brought on a bill of exchange, drawn by Henry Davis and three other persons on William Davis, of the city of New York, for the sum of $2536 61, dated at Brockport, 25th November, 1835, payable to the order of A. D. Patchin, Esq. three months after date. The action was joint against the drawers and acceptor, and was commenced by the service of a declaration, which contained the money counts, and had attached to it a copy of the bill of exchange,…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The only question in the case material to notice is, whether the plaintiffs were warranted in striking out the special endorsements on the bill, so as to show a legal title in themselves.
The point I think was settled in Bank of Utica v. Smith, 18 Johns. R. 230. There the note was payable to die order of P. Smith, who endorsed it in blank ; and the cashier of the plaintiffs filled it up, payable to W. Fish, for the purpose of collection. When returned dishonored, the plaintiffs struck out the special endorsement, leaving it in blank. The court say that Fish never had…
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