Legal Opinion

Manufacturers' & Traders' Bank v. Hazard

New York Court of Appeals

Decided March 5, 1864PublishedCited by 34 opinions

Appeal from an order of the General Term of the Superior Court of the city of Buffalo, reversing a judgment of the Special Term and granting a new trial.

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Appeal from an order of the General Term of the Superior Court of the city of Buffalo, reversing a judgment of the Special Term and granting a new trial. The action was brought against the defendants as makers and endorsers of a promissory note, dated the 13th of July, 1857, made by the firm of Williams, Tanner & Co., payable to the order of the defendant Williams, and endorsed by him and also by the defendant Hazard, for $2,000, payable at the Metropolitan Bank in the city of New York, sixty days from the date thereof. The defendant Hazard endorsed the note by writing “M. Hazard,” instead of…

1Opinion of the CourtJohnson, J.

It is to be presumed that the defendant, ■when he endorsed the note in question, knew when it was payable, and that if it was not paid at maturity, demand of payment and notice of protest might then be made by some official person, who was neither acquainted with him personally, nor with his signature or his manner of making it. The finding by the court assumes that" the defendant wrote his own name in the usual manner, and in good faith, in making the endorsement, using the initial only for his Christian name; but determines that this initial was written in such a manner that a person not…

2Cited by34 opinions

  1. Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
  2. Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
  3. Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
  4. Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
  5. Blair v. . WaitNew York Court of Appeals · 1877

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