Legal Opinion

Smith v. Coman

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 2 opinions

Appeal by the defendant, Thomas Coman, as sole trustee of school district No. 1 of the town of Luzerne, and Thomas Coman individually, from a judgment of the County Court of Warren county in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 11th day of April, 1899, affirming a judgment of a justice of the peace in favor of the plaintiff, with notice of an intention to bring up for review upon such appeal the order affirming such…

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Appeal by the defendant, Thomas Coman, as sole trustee of school district No. 1 of the town of Luzerne, and Thomas Coman individually, from a judgment of the County Court of Warren county in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 11th day of April, 1899, affirming a judgment of a justice of the peace in favor of the plaintiff, with notice of an intention to bring up for review upon such appeal the order affirming such judgment. The action was brought to recover the price, fifteen dollars and interest, of school charts sold and delivered by…

1Opinion of the Court

Landon, J. :

The written order given by “ Thomas Hall, trustee,” for the school charts, unlike a promissory note, is not a complete contract on its face. In addition to the proof of the order the plaintiff had to prove compliance with it by his assignor before any obligation could arise. The bona fide holder, before maturity, without notice of a promissory note, need only look to the face of the paper to ascertain who is liable upon it.

The holder of this order had necessarily to look further. The paper itself advised him that the charts apparently were ordered for school district No. 1, but he…

2Cited by2 opinions

  1. Garbarsky v. SimkinAppellate Terms of the Supreme Court of New York · 1901
  2. Garbarsky v. SimkinAppellate Terms of the Supreme Court of New York · 1901

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