Central Bank of Brooklyn v. Lang
The Superior Court of New York City
This action comes before the Court, at General Term, upon an appeal, by the defendants, from a judgment entered upon a verdict in favor of the plaintiffs* The action is brought upon a promissory note made by the defendants, payable to their own order, dated the 25th of August, 1854, at six months, and held by the plaintiffs. It was not endorsed by the makers.
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This action comes before the Court, at General Term, upon an appeal, by the defendants, from a judgment entered upon a verdict in favor of the plaintiffs* The action is brought upon a promissory note made by the defendants, payable to their own order, dated the 25th of August, 1854, at six months, and held by the plaintiffs. It was not endorsed by the makers. The Reliance Mutual Insurance Company was a Corporation organized on the 20th of August, 1853, and was empowered to make Marine Insurances. The statutes then in force, bearing upon its powers, were those-passed on the 10th of April,…
1Opinion of the CourtBy the Court. Hoffman, J.
The statute applicable to this case provides, that notes made payable to the order of the maker thereof, or of a fictitious person, shall, if negotiated by the maker, have the same effect, and be of the same validity, as against the maker, and all persons having knowledge of the facts, as if payable to bearer: (1 R. S. 768, § 5.)
This act was intended effectually to remove the difficulty in making title, when a note was drawn in favor of a fictitious person, and to treat a note in favor of the maker, unendorsed, as equivalent to one to a fictitious payee. (Plets v. Johnson, 3 Hill, 112.)
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2Cited by12 opinions
- Cohen v. Lincoln Savings BankNew York Court of Appeals · 1937
- Nelson v. WellingtonThe Superior Court of New York City · 1859
- J. C. Hockett Co. v. SimmondsOhio Court of Appeals · 1949
- Lowrie v. ZunkelMissouri Court of Appeals · 1892
- Odell v. ClydeAppellate Division of the Supreme Court of the State of New York · 1899
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