Scott v. Parker
City of New York Municipal Court
Appeal from trial term. The action is against the defendant, Parker, as the indorser of a promissory note, in these words: “$1,000. New York, Jan’y 19, 1887. On demand, afterdate, we promise to pay to the order of estate of Wm. N. Beach, one thousand dollars at American Exchange National Bank, N. Y., value received, with interest until paid. The Ivanhoe Paper Co. S. Webber Parker, Treas. Indorsers: S. Webber Parker. D. Scott.”
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Appeal from trial term. The action is against the defendant, Parker, as the indorser of a promissory note, in these words: “$1,000. New York, Jan’y 19, 1887. On demand, afterdate, we promise to pay to the order of estate of Wm. N. Beach, one thousand dollars at American Exchange National Bank, N. Y., value received, with interest until paid. The Ivanhoe Paper Co. S. Webber Parker, Treas. Indorsers: S. Webber Parker. D. Scott.” It was admitted on the trial that William N. Beach died February 13, 1883, leaving a will by which the plaintiffs were appointed executors, and that on March 12, 1883,…
1Opinion of the CourtMcAdam, C. J.
The note sued upon was not an ot¡Jigation made to the estate represented by the plaintiffs. The maker owed the estate nothing at the time the note was made. It was given to the executors for an advance of money made by them, and the action should have been brought in their names as individuals. This objection was not raised in the answer or in the court below, and the addition of the title of “executors,” etc., to their names may therefore be regarded as surplusage. The note was in legal effect payable to bearer, under the provision of the statute which provides that “such notes, made payable…
2Cases cited5 opinions
- Moore v. . CrossNew York Court of Appeals · 1859
- Willets v. Phœnix BankThe Superior Court of New York City · 1853
- Central Bank of Brooklyn v. LangThe Superior Court of New York City · 1857
- Tittle v. ThomasMississippi Supreme Court · 1855
- Brinckerhoff v. StarkinsNew York Supreme Court · 1851
3Cited by1 opinion
- Lewinsohn v. Kent & Stanley Co.New York Supreme Court · 1895