Boyd v. . Cummings
New York Court of Appeals
Appeal from the Supreme Court. Action upon a promissory note against the maker and indorser. The indorser alone answered the complaint. The trial was at the New-York circuit, before Mr. Justice Mitchell, without a jury.
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Appeal from the Supreme Court. Action upon a promissory note against the maker and indorser. The indorser alone answered the complaint. The trial was at the New-York circuit, before Mr. Justice Mitchell, without a jury. The making and indorsement of the note, and the due presentment and protest thereof when it became due, were admitted by the defendant, and the note was read, being for $850, dated April 6th, 1852, payable twelve months after date, to the order of Cummings, with interest, made by Mackay and indorsed by Cummings. It was also admitted that the plaintiffs received the note from…
1Opinion of the CourtStrong, J.
When the motion for a nonsuit was made, the proofs were wholly insufficient to impeach the prima facie consideration of the note, or of its transfer to the plaintiffs. It appears that the note was indorsed for the maker, and that the maker negotiated it, button what terms it was indorsed or negotiated there was no evidence. The motion was therefore properly overruled.
In regard to the decision on the whole evidence, the facts are that the plaintiffs held a valid judgment against Mackay for the collection of which proceedings against him supplementary to execution were pending; that the note in…
2Cases cited2 opinions
- Wardell v. HowellNew York Supreme Court · 1832
- Howe v. WillsonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by13 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Lawrence v. . ClarkNew York Court of Appeals · 1867
- Bank of New York v. VanderhorstNew York Court of Appeals · 1865
- Bank of Montreal v. BeecherSupreme Court of Minnesota · 1916
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