Brown v. Mott
New York Supreme Court
THIS was an action of assumpsit~ The plaintiff de~ ~lared on a promissory'notc, dated the 14th November, 1808, for five hundred dollars, made by Daniel S. Dean, payable to the defendant or order, six months after date. The note was endorsed by the defendant and the plaintiff, in blank; but the endorsement of the plaintiff was afterwards struck out. The note was protested for nonpayment, and due notice given to the defendant as endorsor.
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THIS was an action of assumpsit~ The plaintiff de~ ~lared on a promissory'notc, dated the 14th November, 1808, for five hundred dollars, made by Daniel S. Dean, payable to the defendant or order, six months after date. The note was endorsed by the defendant and the plaintiff, in blank; but the endorsement of the plaintiff was afterwards struck out. The note was protested for nonpayment, and due notice given to the defendant as endorsor. The defendant endorsed the note, solely for the accommodation of the maker, and to enable him to raise money; but the person to whom the application was made…
1Per curiam
The defendant here is regularly charged as an endorser of a negotiable note. There is no question made but that he has been duly fixed by a demand upon the maker and notice to him ; but the defence, is that he endorsed the note for the mere accommodation of the maker, and that this fact was known to the plaintiff when he subsequently endorsed the note», This, however, is not, of itself, a defence. The en=. dorsor cannot set up that he endorsed the note without consideration, because, by sending the note into circulation by a general endorsement, and making it thereby a negotiable bill, a…
2Cases cited2 opinions
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
- Jackson v. RichardsNew York Supreme Court · 1805
3Cited by42 opinions
- McDonald v. MagruderSupreme Court of the United States · 1830
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
- Truscott v. DavisNew York Supreme Court · 1848
- Cobb v. . TitusNew York Court of Appeals · 1854
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