Legal Opinion

Macaulay v. Holsten

New York Supreme Court

Decided January 15, 1909Published

Action by Charles R. Macaulay against George Holsten. Motion to set aside directed verdict for plaintiff denied.

1Opinion of the CourtCarr, J.

The whole question involved in this action is whether the plaintiff holds these two notes for value. The notes appear to have been made by the defendant, in favor of the payee, for the payee’s accommodation. Accommodation paper never has legal inception until it is negotiated for value. The payee on the notes was indebted to the plaintiff on a running account, the last item of which antedated the notes several months. He took the notes from the payee, and credited him with the amount thereof, and deposited the notes in his own bank for collection. They came back unpaid, and he thereupon…

2Cases cited6 opinions

  1. Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
  2. Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
  3. Continental National Bank v. . TownsendNew York Court of Appeals · 1881
  4. Sutherland v. MeadAppellate Division of the Supreme Court of the State of New York · 1903
  5. Roseman v. MahonyAppellate Division of the Supreme Court of the State of New York · 1903

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