Kitchen v. Place
New York Supreme Court
APPEAL from a judgment ordered at the circuit, on a trial before the court without a jury. The judge found that on and prior to the 10th day of July, 1862, the plaintiffs were the owners and holders of a promissory note for $122.41, payable on that day at the Importers and Traders’ Bank, New York, made by Henry G. Place, payable to the order of and indorsed by the defendant, who was an accommodation indorser for the benefit of said Henry 0. Place.
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APPEAL from a judgment ordered at the circuit, on a trial before the court without a jury. The judge found that on and prior to the 10th day of July, 1862, the plaintiffs were the owners and holders of a promissory note for $122.41, payable on that day at the Importers and Traders’ Bank, New York, made by Henry G. Place, payable to the order of and indorsed by the defendant, who was an accommodation indorser for the benefit of said Henry 0. Place. That shortly before the said 10th day of July, the said Henry C. Place, for the purpose of procuring a renewal and extension of the time of payment…
1Opinion of the Court
By the Court, Leonard, J.
The defendant indorsed the note, leaving a blank in the body of it after a word which would be unmeaning unless the blank were filled. The word “at” implied that the blank space which succeeded it might be filled before the note should be delivered, with a desig*467nated place of payment. Had that word been erased, the sense would have been complete without filling the blank. With this isolated word, the note was imperfect in its purport, until the space was filled or the word erased.
[New York General Term, May 2, 1864.
In such instances it has been held that the holder of…
2Cases cited3 opinions
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Boyd v. BrothersonNew York Supreme Court · 1833
- Bruce v. WestcottNew York Supreme Court · 1848
3Cited by11 opinions
- McGrath v. . ClarkNew York Court of Appeals · 1874
- Redlich v. . DollNew York Court of Appeals · 1873
- First National Bank of Parkersburg v. JohnsWest Virginia Supreme Court · 1883
- Weyerhauser v. . DunNew York Court of Appeals · 1885
- Cox v. AlexanderOregon Supreme Court · 1896
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