Wardell v. Howell
New York Supreme Court
This was an action of assumpsit, tried at the Orleans circuit in March, 1830, before the Hon. Addison Gardiner, one of the circuit judges.
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This was an action of assumpsit, tried at the Orleans circuit in March, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The suit was by the plaintiffs, as the endorsees, against the defendant, as the endorser of a promissory note made by William Hughes and Harry Moor, bearing date 30th September, 1826, for the sum of $150, payable to the order of Gilbert Howell and David Morris, three months after date, payable and negotiable at the Bank of Ontario in Canandaigua. Howell, one of the endorsers, was sued alone, and the declaration set forth an endorsement only by him. The…
1Opinion of the Court
By the Court,
Sutherland, J.
The verdict of the jury conclusively exonerates the plaintiffs from all fraud, and also from the imputation of want of prudence or ordinary discretion in the transaction. But the question still remains, did the plaintiffs acquire this note in the usual course of trade, and for a valuable consideration, within the meaning of those terms, when applied to the class of cases to which this belongs! This note has not answered the object for which it was endorsed by the defendant; it was not intended for the benefit of the makers generally, but for the special purpose of…
2Cases cited4 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Brown v. TaberNew York Supreme Court · 1830
- Moore v. Jackson ex dem. ErwinCourt for the Trial of Impeachments and Correction of Errors · 1829
- Payson v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1814
3Cited by38 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Union Trust Co. v. McClellanWest Virginia Supreme Court · 1895
- Brush v. ScribnerSupreme Court of Connecticut · 1836
- Bowman v. Van KurenWisconsin Supreme Court · 1871
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