Hodges v. . Shuler
New York Court of Appeals
Appeal from the Supreme Court. The action wás against the defendants as indorsers of the following instrument or note; “RUTLAND AND BURLINGTON RAILROAD COMPANY. “No. 253. 81,000. “Boston, April 1,1850. “ In four years from date, for value received, the Rutland and Burlington Railroad Company promises to pay in Boston, to Messrs.
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Appeal from the Supreme Court. The action wás against the defendants as indorsers of the following instrument or note; “RUTLAND AND BURLINGTON RAILROAD COMPANY. “No. 253. 81,000. “Boston, April 1,1850. “ In four years from date, for value received, the Rutland and Burlington Railroad Company promises to pay in Boston, to Messrs. W. S. and D. W. Shuler, or order, $1,000, with interest thereon, payable semi-annually, as per interest warrants hereto attached, as the same shall become due; or upon the surrender of this note, together with the interest warrants not due to the treasurer, at any…
1Opinion of the CourtWright, J.
The single question is, whether the defendants can be held as indorsers. It is insisted that they cannot, for the reasons, 1st. That the instrument set out in the complaint, is neither in terms nor legal effect a negotiable promissory note, but a mere agreement; the indorsement in blank of the defendants, operating, if at all, only as a mere transfer, and not as an engagement to fulfill the contract of the railroad company in case of its default; and 2d. That if it be a note, the notice of its dishonor was insufficient to charge the defendants as indorsers.
Whether the blank indorsement of the…
2Cited by24 opinions
- Welch v. . SageNew York Court of Appeals · 1872
- Lincoln Nat. Bank v. PerryCourt of Appeals for the Eighth Circuit · 1895
- President of the Manhattan Co. v. MorganNew York Court of Appeals · 1926
- Louisville Banking Co. v. GraySupreme Court of Alabama · 1898
- Third National Bank v. Bowman-SpringAppellate Division of the Supreme Court of the State of New York · 1900
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