Miller v. Talcott
New York Supreme Court
THIS action was brought by the plaintiff, as holder, against the defendant, as indorser of a promissory note, of which the following is a copy: “$1000. Ninety days after date I, for value received, promise to pay to the order of Adna Talcott, one thousand dollars, at the Bank of Norwich. East Guilford, April 17, 1857. James Hughston. (Indorsed,) Adna Talcott, Matthew Miller.”
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THIS action was brought by the plaintiff, as holder, against the defendant, as indorser of a promissory note, of which the following is a copy: “$1000. Ninety days after date I, for value received, promise to pay to the order of Adna Talcott, one thousand dollars, at the Bank of Norwich. East Guilford, April 17, 1857. James Hughston. (Indorsed,) Adna Talcott, Matthew Miller.” The note was discounted by the Bank of Norwich at the time it was given, and the money was received by Hughston, the maker of the note. The note was not paid when it became due, and was protested by the bank, and Talcott…
1Opinion of the Court
By the Court, Balcom, J.
If the Bank of "Norwich had sued the defendant upon the note, he would have had no defense to it, unless it were the statute of limitations. The bank lent the money on the note, to the maker, and received the note from him, indorsed by the defendant and another, at the time it bears date. The note was not paid when it became due, and it was protested and the defendant was duly charged as indorser. The plaintiff paid the amount *170due Upon the note, to the hank, and received the note on the 8th day of June, 1858; and he has since remained the owner and holder of the note.…
2Cases cited4 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Pickett v. KingNew York Supreme Court · 1861
- Hawley v. GriswoldNew York Supreme Court · 1863
- Munro v. PotterNew York Supreme Court · 1861
3Cited by3 opinions
- Bowe v. GanoNew York Supreme Court · 1876
- Pursell v. FryNew York Supreme Court · 1880
- Smith v. RyanThe Superior Court of New York City · 1875