Onondaga County Bank v. Bates
New York Supreme Court
Debt, tried at the Onondaga circuit, in April, 1841, before Moseley, C. Judge. The action was by the plaintiffs as the last endorsees, against the defendant as first endorser of a promissory note made by T. C. Bates, and payable to the order of the defendant, W. A. Bates, at the Commercial Bank, Albany. The note was endorsed by the defendant, H. Raymond, and J. G. Forbes.
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Debt, tried at the Onondaga circuit, in April, 1841, before Moseley, C. Judge. The action was by the plaintiffs as the last endorsees, against the defendant as first endorser of a promissory note made by T. C. Bates, and payable to the order of the defendant, W. A. Bates, at the Commercial Bank, Albany. The note was endorsed by the defendant, H. Raymond, and J. G. Forbes. On the trial, after the plaintiffs’ counsel had proved the signatures of the maker of the note, and of the defendant as first endorser, the defendant’s counsel objected that debt could not be maintained in this case. The…
1Opinion of the Court
By the Courts Nelson, Ch. J.
I think the form of action adopted was proper, and may be maintained upon principles already settled and repeatedly acted upon by this court. In Wilmarth v. Crawford, (10 Wend. 343, et seq.) we held, that debt would lie by an endorsee against the maker of a note, on the ground that, since the statute making promissory notes negotiable, the money payable thereby became, by virtue *55of the transfer, due and payable to the endorsee or holder ; and that, in judgment of law, privity of contract—the absence of which has always constituted the main objection to this form of…
2Cases cited2 opinions
- Willmarth v. CrawfordNew York Supreme Court · 1833
- Stewart v. AllisonSupreme Court of Pennsylvania · 1821