Hutchins v. Langley
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia in an action on a promissory note.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia in an action on a promissory note. The Court in the opinion stated the facts as follows: John W. Langley, receiver, the appellee, brought suit in the court below against Stilson Hutcbins, the appellant, for the sum of $3,800 with interest, the amount of a promissory note executed by said Hutcbins, dated March 3, 1902, payable to the order of Anderson T. Herd, ninety days after date, and by said Herd indorsed before maturity. Hpon the trial, the court instructed the jury to return a verdiet…
1Opinion of the CourtJustice McComas
Defenses available against the holder of a note are available against a receiver such as the appellee here to whom the note is transferred under a decree of the court. Dan. Neg. Inst. 5th ed. § 781:
In this transaction Langley was the agent of Merriam. Dor this reason, and for the sake of clearness, hereafter we speak, not of Langley, the receiver, but of William E. Merriam, the holder of the note.
The note is complete and regular upon its face. It is undisputed that Merriam became a holder, in due course, of the appellant’s note, and became the holder of it before it was overdue ; that he took…
2Cases cited7 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Brown v. SpoffordSupreme Court of the United States · 1877
- Hotchkiss v. National BanksSupreme Court of the United States · 1875
- Swift v. SmithSupreme Court of the United States · 1880
- Forsythe v. KimballSupreme Court of the United States · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fabrizio v. AndersonDistrict of Columbia Court of Appeals · 1948
- Gross v. DelaneyDistrict of Columbia Court of Appeals · 1943