Cock v. Fellows
New York Supreme Court
FROM the return to the certiorari in this cause, it appeared that an action had been brought by the defendant in 1 _ ° J error, against the present plaintiff, before a justice of the peace, in which he declared on a writing or note, in the following words, “Due the bearer hereof /" 3, 18, 10, .... . ** which I promise to pay to Abraham Thompson, or order, on demand, as witness my hand, this 22d 11th month, 1803signed, Jordan Cock.
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FROM the return to the certiorari in this cause, it appeared that an action had been brought by the defendant in 1 _ ° J error, against the present plaintiff, before a justice of the peace, in which he declared on a writing or note, in the following words, “Due the bearer hereof /" 3, 18, 10, .... . ** which I promise to pay to Abraham Thompson, or order, on demand, as witness my hand, this 22d 11th month, 1803signed, Jordan Cock. The note was not indorsed by Thompson, and the declaration stated the noteas made payable to bearer. The justice gave judgment for the plaintiff beloxv, for the…
1Per curiam
The word bearer has reference to Thompson as the payee, and as the promise is expressly to pay to him or order, another person could not maintain an action on the note without his indorsement. The judgment below must be reversed.
Judgment reversed.-
2Cited by2 opinions
- Tucker v. TuckerMassachusetts Supreme Judicial Court · 1875
- Carnright v. GrayNew York Supreme Court · 1890