Utica Insurance v. Badger
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit, in April, 1828, before the Hon. Nathan Williams, one 0f the circuit judges, on a promissory note by the plaintiffs, as second endorsees, against the defendant, as maker, The declaration stated the making of the note by the defendant (Luther Badger) to Stephen Hungerford and John Ainslee, bearing date 7th December, 1825 ; an endorsement ° ’ by the payees to Crocker and Badger; and a second endorsement by them to…
Read the full summary
This was an action of assumpsit, tried at the Oneida circuit, in April, 1828, before the Hon. Nathan Williams, one 0f the circuit judges, on a promissory note by the plaintiffs, as second endorsees, against the defendant, as maker, The declaration stated the making of the note by the defendant (Luther Badger) to Stephen Hungerford and John Ainslee, bearing date 7th December, 1825 ; an endorsement ° ’ by the payees to Crocker and Badger; and a second endorsement by them to the plaintiffs. On the trial of the cáuse, the making of the note and the endorsement by the payees was admitted. A…
1Opinion of the Court
*104 By the Court,
Marcy, J.
The plaintiffs having set forth jn ftle¡r declaration the transfer of the note from Crocker and Badger to themselves, were bound to prove it. There was Pr0°f that Crocker and Badger were partners. It was therefore only necessary to shew the endorsement by either of them. (Bayley on Bills, 40.) There was no proof whatever that the endorsement was made by Crocker; and so light was the evidence of its having been made by Badger, that it would have been scarcely sufficient to uphold a verdict for the plaintiffs, if the question as to its sufficiency had been properly…
2Cited by6 opinions
- Galloway v. United StatesSupreme Court of the United States · 1943
- Hickman v. JonesSupreme Court of the United States · 1870
- Hopper v. AshleySupreme Court of Alabama · 1849
- Woodford v. McClenahanIllinois Supreme Court · 1847
- Lander v. United StatesU.S. Circuit Court for the District of Southern New York · 1844
1 more not listed; retrieve them via the Exa API.