Brewster v. McCardell
New York Supreme Court
i This was an action of assumpsit, tried at the Albany circuit in February, 1830, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiff was the endorsee of a promissory note given by the defendant to I. Smith & Co. for $200, bearing date 1st May, 1829, and payable ninety days after date. ' The note was in fact made about the 1st October, 1828, and delivered to the payees, who transferred it to the plaintiff in February, 1829, for money actually loanéd.
Read the full summary
i This was an action of assumpsit, tried at the Albany circuit in February, 1830, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiff was the endorsee of a promissory note given by the defendant to I. Smith & Co. for $200, bearing date 1st May, 1829, and payable ninety days after date. ' The note was in fact made about the 1st October, 1828, and delivered to the payees, who transferred it to the plaintiff in February, 1829, for money actually loanéd. The defendant offered to provea failure in tí. ’ consideration of the note, which evidence was objected to, unless it was…
1Opinion of the Court
By the Court, Sutherland, J.
The judge erred in chargi ng the jury that the circumstance of the note not having been negotiated to the plaintiff before the day when it bore date was a strong circumstance of suspicion sufficient to put him upon inquiry, and that he therefore took it subject to any defence which might be made as against the original payee.
The note was actually made and delivered to the payee in October, 1828, although it it bore date in May, 1829, and was payable 90 days after date. It was transferred to the plaintiff for a valuable consideration in February, 1829, six…
2Cited by7 opinions
- Godin v. Bank of CommonwealthThe Superior Court of New York City · 1856
- Albert v. HoffmanAppellate Terms of the Supreme Court of New York · 1909
- New York Iron Mine v. Citizens' BankMichigan Supreme Court · 1880
- Stein v. PassmoreSupreme Court of Minnesota · 1878
- Dennison v. JessupOhio Superior Court, Cincinnati · 1857
2 more not listed; retrieve them via the Exa API.