Morton v. Rogers
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. J. A. Morton and J. Low, jun., assignees of H. B. Gwathmey, an insolvent debtor, brought an action in the superior court of the city of New-York, against E.N.
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Error from the supreme court. J. A. Morton and J. Low, jun., assignees of H. B. Gwathmey, an insolvent debtor, brought an action in the superior court of the city of New-York, against E.N. Rogers and two others, and declared on a' promissory note, bearing date 2d January, 1828, payable the first day of October, then next, for $2000, with interest from 26th October, 1827. On the trial of the cause, the signatures of the defendants to the note, as makers, were admitted, and the plaintiffs proved their appointment as assignees of Gwathmey, in proceedings had for his discharge as an insolvent…
1Opinion of the Court
The following opinions were, delivered :
By the Chancellor.
In ordinary cases, the beneficial owner of a bill of exchange or negotiable note, which is payable to bearer, or is endorsed in blank, may institute a suit thereon in a court of law, in the name of any one who is willing to allow his name to be used for that purpose ; and where the defendant has no legal or equitable defence to the bill or note, as against the real owner thereof, he cannot be permitted to show that the nominal plaintiff, in whose name the suit is só brought, is not the real party in interest. This was so settled b)r…
2Cases cited3 opinions
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3Cited by7 opinions
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- Rock County National Bank v. HollisterSupreme Court of Minnesota · 1875
- Union National Bank v. BarberSupreme Court of Iowa · 1881
- Kelly v. FordSupreme Court of Iowa · 1856
- Sanford v. NortonSupreme Court of Vermont · 1845
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