Draper v. Rice

Adams, Ch. J.

i. rBiscrMx promlsory note; payrneut, The note was made payable to the plaintiff, or bearer. It was given in part payment for a melodeon which was sold to the defendant as the property -of the plaintiff. The trade was negotiated by ° ,} one Jacobs, who took the note and delivered it to the plaintiff. Afterwards the defendant paid the amount of the note to Jacobs, but he did not get the note up because it was in the possession of the plaintiff. The payment was made on the strength of Jacobs’ statement that he was the agent of the plaintiff and was authorized to collect the note,…