Farmers' and Citizens' Nat. Bank v. . Noxon
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second district, affirming (as modified) a judgment in favor of the plaintiff, entered upon the report of Nathan B. Morse, Esq., referee. This action is upon a promissory note for $5,000, dated October 22d, 1866, payable three months "from date, made by the defendant Noxon, and indorsed by the defendants Ken nedy and Colborn, the indorsement of the. latter being “D. K. Colborn, Agent.”
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Appeal from an order of the General Term of the Supreme Court in the second district, affirming (as modified) a judgment in favor of the plaintiff, entered upon the report of Nathan B. Morse, Esq., referee. This action is upon a promissory note for $5,000, dated October 22d, 1866, payable three months "from date, made by the defendant Noxon, and indorsed by the defendants Ken nedy and Colborn, the indorsement of the. latter being “D. K. Colborn, Agent.” The following facts were found by the referee : Noxon and Colborn, for a number of years before the date of this note, had transactions…
1Opinion of the Court
Gboveb, <T.
The defendants proved that the note in suit had been diverted from the purpose for .which it had been delivered to Smith by the maker as his agent. This cast upon the plaintiff the onus of showing that it was a bona fide holder, or had succeeded to the rights of such' a holder. (Edwards on Bills, 319; Wendell v. Howell, 9 Wend., 170.) The facts found by the referee show that the plaintiff was such holder. The counsel for the appellant insists that the plaintiff’s president received the note under circumstances of suspicion sufficient to put him upon inquiry, and that such inquiry…
2Cases cited2 opinions
- Magee v. . BadgerNew York Court of Appeals · 1866
- Wardell v. HowellNew York Supreme Court · 1832
3Cited by15 opinions
- Thompson v. Sioux Falls National BankSupreme Court of the United States · 1893
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Ocean Nat. Bank of N.Y. City v. . CarllNew York Court of Appeals · 1874
- Grant v. . WalshNew York Court of Appeals · 1895
- Ochenkowski v. DunajAppellate Division of the Supreme Court of the State of New York · 1931
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