Kellogg v. Barber
New York Supreme Court
This action was brought to recover against the defendants as indorsers of a check, of which the following is a copy: “ Cashier of the Farmers’ Bank, pay Bela Barber, or bearer, two hundred and twenty-five dollars — cents. $225. James Swart.” Indorsed as follows: “ Bela Barber, Francis N. Mann. Pay Day O. Kellogg or order without recourse. Kellogg & Co.” The cause was referred to a referee, who reported in favor of the defendants, and the plaintiff appealed.
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This action was brought to recover against the defendants as indorsers of a check, of which the following is a copy: “ Cashier of the Farmers’ Bank, pay Bela Barber, or bearer, two hundred and twenty-five dollars — cents. $225. James Swart.” Indorsed as follows: “ Bela Barber, Francis N. Mann. Pay Day O. Kellogg or order without recourse. Kellogg & Co.” The cause was referred to a referee, who reported in favor of the defendants, and the plaintiff appealed. The facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court, Parker, J.
It appeared on the trial that the check in question was made as early as the 12th of January, 1849, and indorsed by the defendants for the accommodation of Swart, and the money advanced on it to Swart by Kellogg & Co., of which firm the plaintiff was a member. It was deposited in the Commercial Bank of Troy to the credit of Kellogg & Co., before the 15th of January, but was pot.paid when it fell due. *13on the 18th. On the 15th of January, 1849, James Swart executed to Kellogg & Co. an assignment of his books of account and of the moneys due thereon. The object of the…
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