Potter v. Bushnell
New York Supreme Court
This was an appeal from a judgment upon the report of a referee. The action was upon a note, in the words and figures following:' “ $500, Thirty days from date I promise to pay to the order of J. Diosse'y, at the Manhattan Bank, five hundred dollars, with interest, value received. Utica, September, 30,1851. <£ Endorsed. J. Diossey.” “ H. Bushnell.”
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This was an appeal from a judgment upon the report of a referee. The action was upon a note, in the words and figures following:' “ $500, Thirty days from date I promise to pay to the order of J. Diosse'y, at the Manhattan Bank, five hundred dollars, with interest, value received. Utica, September, 30,1851. <£ Endorsed. J. Diossey.” “ H. Bushnell.” The referee found, as facts proved in the case, that the defendant made and executed the note, and delivered it to one George W. Bushnell, who procured it to be endorsed by the payee, and before maturity sold and delivered it to one Stephen Sweet,…
1Opinion of the Court
By the court—Harris, Justice-.
The note in suit is a thing in action. Having been endorsed in blank by the payee, it became transferable by delivery. It was so transferred by George W. Bushnell to Sweet, and by Sweet to Ball, and again by Ball to the plaintiff. It has been held that the person who thus transfers a note is an assignor within thé meaning of § 399 of the Code. (Bump agt. Van Orsdale, 11 Barb. 634.)
Had the question been presented without the weight of authority on either side, I should have been inclined to construe the term as applicable only to cases where, by the operation of…
2Cases cited1 opinion
- Bump v. Van OrsdaleNew York Supreme Court · 1852
3Cited by2 opinions
- Clement v. AdamsNew York Supreme Court · 1856
- Hicks v. WirthNew York Court of Common Pleas · 1855