Sheldon v. Horton
New York Supreme Court
THIS was an action on a promissory note for $400, made by "William H. Horton, on the 3d day of May, 1865, payable to Hiles Knickerbocker, or bearer, one year after date, with interest at six per cent, and indorsed by Samuel Horton. The action was brought against maker and indorser, jointly, but Samuel Horton, the indorser, only, appeared.
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THIS was an action on a promissory note for $400, made by "William H. Horton, on the 3d day of May, 1865, payable to Hiles Knickerbocker, or bearer, one year after date, with interest at six per cent, and indorsed by Samuel Horton. The action was brought against maker and indorser, jointly, but Samuel Horton, the indorser, only, appeared. On the 19th day of April,' 1866, Henry H. Sheldon, the then holder of the note, transferred and delivered it to the plaintiff, who became the holder and owner thereof. On the same day, and previous to the delivery of the note to the plaintiff, Henry H.…
1Opinion of the Court
By the Court, Gilbert, J.
We are of opinion that the case was correctly disposed of at the circuit. Any act of » the indorser, calculated to put the holder off his guard, and prevent him from treating the note as he would otherwise have done, is, in judgment of law, a waiver of demand and notice. (Phipson v. Kneller, 1 Stark. 116. Leffingwell v. White, 1 John. Cas. 99. Spencer v. Harvey, 17 Wend. 489. Bruce v. Lytle, 13 Barb. 167. Taylor v. French, 4 E. D. Smith, 458. Amoskeag Bank v. Moore, 37 N. H. Rep. 539. Ridgway v. Day, 13 Penn. R. 208. Barclay v. Weaver, 19 id. 396.)
Phipson v. Kneller…
2Cases cited3 opinions
- Spencer v. HarveyNew York Supreme Court · 1837
- Bruce v. LytleNew York Supreme Court · 1852
- Amoskeag Bank v. MooreSupreme Court of New Hampshire · 1859
3Cited by5 opinions
- Clarke v. StumpfAppellate Division of the Supreme Court of the State of New York · 1920
- Quaintance v. GoodrowMontana Supreme Court · 1895
- Clarke v. StumpfAppellate Division of the Supreme Court of the State of New York · 1920
- Reiners v. DavisCity of New York Municipal Court · 1885
- Rope v. WagnerNew York Supreme Court · 1886