Bacon v. . Burnham
New York Court of Appeals
This action was brought against the Defendant as endorser upon a promissory note, made by Lewis Dunham to the order of T. H. Sweezey, dated Oct. 2, 1855, and payable in six months from date. On the back of the note there is a guarantee of collection, dated the 27th of October, 1855, and signed by Sweezey, and under this is written a waiver of protest, signed by Sweezey, but bearing no date, and then the name of the Defendant.
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This action was brought against the Defendant as endorser upon a promissory note, made by Lewis Dunham to the order of T. H. Sweezey, dated Oct. 2, 1855, and payable in six months from date. On the back of the note there is a guarantee of collection, dated the 27th of October, 1855, and signed by Sweezey, and under this is written a waiver of protest, signed by Sweezey, but bearing no date, and then the name of the Defendant. The complaint contains two counts; the first upon the note simply, and averring an endorsement by Sweezey, and delivery by him to the Defendant, and his endorsement and…
1Opinion of the Court
There appears to be a misconception on the part of the plaintiff's counsel of the true import of the few facts disclosed upon the trial. He seems to assume, that, nothing being shown upon the trial as to the time when the plaintiff became the owner of the note, it may be taken for granted that he obtained it before maturity, or, if not, that, having received it from Kingsley, who did become the owner before maturity, the title of the plaintiff can no more be impeached than could that of Kingsley.
Now, while it is true that it is not shown at what particular date the plaintiff obtained title to…
2Cases cited2 opinions
- Herrick v. CarmanNew York Supreme Court · 1815
- Ellis v. BrownNew York Supreme Court · 1849
3Cited by20 opinions
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Phelps v. . VischerNew York Court of Appeals · 1872
- Rothschild v. GrixMichigan Supreme Court · 1875
- Walker v. DunhamMissouri Court of Appeals · 1909
- Hubbard v. . MatthewsNew York Court of Appeals · 1873
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