Mitchell v. Culver
New York Supreme Court
Assumpsit on a promissory note; second indorsee againsS second indorser; tried at the Ulster circuit, April 17th, 1826, before Betts, (late) C. Judge, The note was made by Bowe, payable to H. at 60 days, ^or $200; and purported to bear date November 5th, 1825. "*"k*s note> having a blank for the day of the month, was made on the 27th of November, 1825, and indorsed by H. *he defendant.- It was afterwards delivered by the, maker to the plaintiff, in payment of a debt, who, by…
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Assumpsit on a promissory note; second indorsee againsS second indorser; tried at the Ulster circuit, April 17th, 1826, before Betts, (late) C. Judge, The note was made by Bowe, payable to H. at 60 days, ^or $200; and purported to bear date November 5th, 1825. "*"k*s note> having a blank for the day of the month, was made on the 27th of November, 1825, and indorsed by H. *he defendant.- It was afterwards delivered by the, maker to the plaintiff, in payment of a debt, who, by direc tion of the former, filled in the “ 5th.” ^er<^ct f°r the plaintiff, subject to the opinion of this court. cited…
1Opinion of the Court
Curia, per Sutherland, J.
This case is not distinguishable in principle, from that of The Mechanics' & Farmers' Bank v. Schuyler,(a) decided at the last term. The only *338*differenee is, that here the date was inserted with the know- ’ A. T .... ledge of the plaintiff. But I do not perceive that this can vary the case. When an indorser of a note commits it to the maker, with the date in blank, the note carries on the face of it an implied authority to the maker to fill up the blank. As between the indorser and third persons, the maker, under such circumstances, must be deemed to be the agent of…
2Cases cited2 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
3Cited by14 opinions
- Benedict v. . CowdenNew York Court of Appeals · 1872
- McGrath v. . ClarkNew York Court of Appeals · 1874
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Snyder v. Van DorenWisconsin Supreme Court · 1879
- The Riggs National Bank of Washington, D. C., Etc. v. Dade Federal Savings and Loan Association of Miami, Etc.Court of Appeals for the Fifth Circuit · 1959
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