Moore v. Cross
New York Supreme Court
APPEAL from a judgment entered at a special term, upon the report of a referee. Anthony McGervey, a dealer in coal, applied to the plaintiff to buy coal. He had been previously dealing with George Garvin, on the faith of Cross’s indorsement, and had been recommended by Garvin to apply to Moore, for coal. The plaintiff offered to sell it to him for paper to be indorsed by Cross. McGervey applied to Cross, with whom he had dealings, informing him of the proposition.
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APPEAL from a judgment entered at a special term, upon the report of a referee. Anthony McGervey, a dealer in coal, applied to the plaintiff to buy coal. He had been previously dealing with George Garvin, on the faith of Cross’s indorsement, and had been recommended by Garvin to apply to Moore, for coal. The plaintiff offered to sell it to him for paper to be indorsed by Cross. McGervey applied to Cross, with whom he had dealings, informing him of the proposition. Cross thereupon drew up, in his own handwriting, two promissory notes, one dated September 9, 1851, payable at four months, for…
1Opinion of the CourtRoosevelt, J.
It is an error as it seems to me to say that this is a suit by a payee, as payee, against an indorser. Stated nakedly in that form the proposition involves at first view the absurdity of a principal suing his own surety. The plaintiff in this case, although in fact payee of the notes, does not sue as payee but as indorsee and holder. Ordinarily, no doubt, a prior party cannot sue a subsequent party to a note. But the reason on which the rule is founded will show that the rule is not applicable to a case like the present. Where a subsequent indorser pays a note he is usually entitled to a…
2Cases cited4 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Ellis v. BrownNew York Supreme Court · 1849
- Kingsley v. BalcomeNew York Supreme Court · 1848
- Herrick v. CarmanNew York Supreme Court · 1813
3Cited by8 opinions
- Milton v. . Hudson River Steamboat Co.New York Court of Appeals · 1867
- McComb, Simpson & Co. v. ThompsonSupreme Court of Minnesota · 1858
- McPhillips v. JonesNew York Supreme Court · 1893
- Loos v. McCormackNew York Supreme Court · 1905
- Strong v. SheffieldNew York Supreme Court · 1892
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