Steinberger v. Hittelman
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment entered upon a verdict directed for the plaintiff by the Municipal Court of the city of New York, borough of Brooklyn, second district, in an action brought to recover upon two promissory notes.
1Opinion of the CourtKapper, J.
Assuming that plaintiff is the holder of the $350 note, it came to him without indorsement and, under the proof, it came to him from the payee and not from the bank. There is nothing in the record which would permit of a finding that the bank assigned it to the plaintiff. The payee himself took up. the note from the bank on the day it was due, and under such circumstances the payee, and not the plaintiff, then became the holder, and the plaintiff cannot be said to *107be either the bank’s transferee or assignee. Lancey v. Clark, 64 N. Y. 209. Plaintiff obtaining his title, therefore, from the…
2Cases cited5 opinions
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Lancey v. . ClarkNew York Court of Appeals · 1876
- German-American Bank v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1904
- Horan v. MasonAppellate Division of the Supreme Court of the State of New York · 1910
- Ginsberg v. SiiurmanNew York Supreme Court · 1911
3Cited by4 opinions
- National City Bank v. KirkIndiana Court of Appeals · 1922
- Denniston's Adm'r v. JacksonCourt of Appeals of Kentucky (pre-1976) · 1947
- First National Bank of New Haven v. MoirNew York Supreme Court · 1925
- Industrial Bank v. SweetNew York Supreme Court · 1957