First National Bank of Angelica v. . Hall
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the eighth district, affirming a judgment entered upon a verdict rendered for the plaintiff. The action was upon the following draft: <£ $500. “ Oramel, June 22, 1865. “ Three months after date, pay to the order of J. E. Robinson, cashier, five hundred dollars, value received, and charge same to the account of ££S. WATSON, Oramel.
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Appeal from an order of the General Term of the Supreme Court in the eighth district, affirming a judgment entered upon a verdict rendered for the plaintiff. The action was upon the following draft: <£ $500. “ Oramel, June 22, 1865. “ Three months after date, pay to the order of J. E. Robinson, cashier, five hundred dollars, value received, and charge same to the account of ££S. WATSON, Oramel. “ To O. F. Hall, Rochester, N. T. “ Accepted, payable at the Commercial Bank of Rochester. “ C. F. HALL.” The action was brought to trial at the Allegany Circuit; and the following is the evidence of…
1Opinion of the Court
Earl, C.
There was no offer to show that the plaintiff knew any of the facts which the defendant offered to prove as constituting his defense, and hence the plaintiff must be treated as a Iona fide holder for value, unless its title was defective, because the draft was payable to the order of ¡Robinson, cashier, and was not endorsed by him. But under the circumstances of this case, it is quite clear that the bank was the payee of the note and not Robinson its cashier. It is alleged in the complaint and admitted in the answer, that the draft was payable “ to the order of the plaintiff’s…
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