Wardell v. Hughes
New York Supreme Court
This was an action on a promissory note in these words:. “ Three months after date, for value received, we promise to pay to the order of Gilbert Howell and David Morris one hundred and fifty dollars, payable and negotiable at the Bank of Ontario in Canandaigua. Sept. 30, 1826.” (Signed) ‘ Harry Moore & Co., Wm. Hughes/ and 'endorsed by the payees. The action was brought by the plaintiffs as endorsees against the makers.
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This was an action on a promissory note in these words:. “ Three months after date, for value received, we promise to pay to the order of Gilbert Howell and David Morris one hundred and fifty dollars, payable and negotiable at the Bank of Ontario in Canandaigua. Sept. 30, 1826.” (Signed) ‘ Harry Moore & Co., Wm. Hughes/ and 'endorsed by the payees. The action was brought by the plaintiffs as endorsees against the makers. The note was made and endorsed for the purpose of renewing a note at the Ontario Bank, which was about falling due, made by Hughes and Moore, and endorsed by Howell and…
1Opinion of the Court
By the Court,
Marcy, J.
Admitting the application of the note by Hughes to have been assented to by Moore, it cannot be objected, by the drawers of the note, that it was negotiated contrary to its terms, and the object and intent with which it was made. When the endorsers are called upon, they may avail themselves of the defence, if it exists, that the note was made in renewal of a former note on which they were endorsers, and that the holders had actual or constructive notice of the fact.
The evidence as to the assent of Moore was submitted to the jury, and they were correctly instructed that…
2Cited by9 opinions
- Stadler v. First National BankMontana Supreme Court · 1899
- Beaver v. TaylorSupreme Court of the United States · 1864
- Benedict v. JohnsonNew York Supreme Court · 1869
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- Jones v. ParishWisconsin Supreme Court · 1845
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