Boyd v. Brotherson
New York Supreme Court
This was an action against the defendant as the endorser of a promissory note for $800, made by W. A. M’Clelland and transferred by him to the plaintiffs. Previous to the transfer, the note was shewn hy M’Clelland to an attorney; jt then read thus : “ Six months after date, I promise to pay to the order of Philip Brotherson eight for value received, at the Mohawk Bank—Schenectady, May 1, 1829— and had the signature of M’Clelland as maker and of the defendant as endorser.
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This was an action against the defendant as the endorser of a promissory note for $800, made by W. A. M’Clelland and transferred by him to the plaintiffs. Previous to the transfer, the note was shewn hy M’Clelland to an attorney; jt then read thus : “ Six months after date, I promise to pay to the order of Philip Brotherson eight for value received, at the Mohawk Bank—Schenectady, May 1, 1829— and had the signature of M’Clelland as maker and of the defendant as endorser. M’Clelland asked the attorney whether there would be any harm in inserting the words “ hundred dollars,” without obtaining…
1Opinion of the Court
By the Court,
Savage, Gh. J.
Had the note in this case been appropriated by the maker to the payment of any other precedent debt than the identical debt to secure the payment of which it was made, the latter part of the charge of the judge at the circuit would have been incorrect, according to the decision of this court in Rosa v. Brotherson, ante, 85; but as the note in question was appropriated according to the original intention, the charge of the judge in this respect does not affect the case. The question whether it was the intention of the parties to the note to have the words hundred…
2Cited by19 opinions
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
- Clute v. SmallNew York Supreme Court · 1837
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Inhabitants of South Berwick v. HuntressSupreme Judicial Court of Maine · 1865
- Bruce v. WestcottNew York Supreme Court · 1848
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