Legal Opinion

Burkhalter v. Pratt

New York Marine Court

Decided April 15, 1876Published

1Opinion of the CourtMcAdam, J.

The plaintiffs sued the defendant as indorser of a promissory note in the following words :

“$251.32. Brooklyn, July 5th, 1873.
“One month after date, I promise to pay to the order of Messrs. Burkhalter, Masten & Co., two hundred and fifty-one dollars and thirty-two cents, with interest, at Commercial Bank, value received.
“WM. C. TIETON.”

Indorsed, “Burkhalter, Masten & Co.

“ Without recourse.
“ J. W. Pratt.”

Owing to the phraseology of the note, a legal presumption attaches to the paper, that Burkhalter, Mas-ten & Co., the (plaintiffs and its) payees, are the first indorsers of the note, and that…

2Cases cited15 opinions

  1. Cary v. . WhiteNew York Court of Appeals · 1873
  2. Moore v. . CrossNew York Court of Appeals · 1859
  3. Putnam v. LewisNew York Supreme Court · 1811
  4. Brown v. . LeavittNew York Court of Appeals · 1865
  5. Youngs v. . LeeNew York Court of Appeals · 1855

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