Fenby v. Pritchard
The Superior Court of New York City
Case subject to the opinion of the court. The action was assumpsit on two promissory notes made by the defendant, payable six months after date, to E. W. Pemberton, and indorsed by him; one for $471 18, dated December 6, 1845, the other ■ for $396 48, dated January 20, 1846. The following facts appeared on the trial.
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Case subject to the opinion of the court. The action was assumpsit on two promissory notes made by the defendant, payable six months after date, to E. W. Pemberton, and indorsed by him; one for $471 18, dated December 6, 1845, the other ■ for $396 48, dated January 20, 1846. The following facts appeared on the trial. Soon after the date of the second note, an agreement was made between the defendant and Pemberton, by which these and other notes of the defendant, were to be delivered up to him, on his paying Pemberton $1000, and returning to P. merchandise of. the value of $3000, which he had…
1Opinion of the CourtBy the Court. Vanderpoel, J.
The question is whether the plaintiffs received these notes under such circumstances as to protect them from the alleged payment by the defendant to Pemberton the payee ; and this presents, in a form somewhat new, the ever recurring question, when the indorsees of a note are to be déemed bona fide holders in a commercial sense, so as to preclude a defence existing at the time of the transfer. From the evidence, it seems that the notes in suit were delivered to the witness Pemberton, in payment for merchandise sold by him ; that before he transferred the notes to Mills, an agreement was made…
2Cases cited2 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Wardell v. HowellNew York Supreme Court · 1832
3Cited by3 opinions
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Heeney v. SpragueSupreme Court of Rhode Island · 1877
- Nickerson v. RugerThe Superior Court of New York City · 1878