Holcomb v. Wyckoff
Supreme Court of New Jersey
On case reserved at the Somerset Circuit. This was an action on two promissory notes, made by defendant, and given by him to one Farrington. The consideration of the notes was certain wine plants sold by Farrington to tilt' maker of* the notes, which were drawn payable to Farrington or order, without defalcation or discount, and subsequently came to the hands of one Bryce, by whom they were sold to Holcomb at a discount, before maturity.
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On case reserved at the Somerset Circuit. This was an action on two promissory notes, made by defendant, and given by him to one Farrington. The consideration of the notes was certain wine plants sold by Farrington to tilt' maker of* the notes, which were drawn payable to Farrington or order, without defalcation or discount, and subsequently came to the hands of one Bryce, by whom they were sold to Holcomb at a discount, before maturity. The jury found that the notes were fraudulent and void as betwoen the maker and Farrington. Holcomb took the notes without knowledge of the defect in the…
1Opinion of the CourtDepue, J.
In an action by an endorsee against the maker, the course of proceeding at the trial is to prove the making of the note and its endorsement, from which a consideration for the note will be implied. Upon proof being made that the note was obtained by fraud, or was fraudulently put in circulation, the plaintiff, to recover, must show that he bought it before maturity, bona fide, and for value. Duncan, Sherman & Co. v. Gilbert, 5 Dutcher 521. Where the evidence shows that the plaintiff is a bona fide holder before maturity, for the full value of the note, or where he has taken it from a…
2Cases cited4 opinions
- Nichols v. FearsonSupreme Court of the United States · 1833
- Powell v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1826
- Cardwell v. HicksNew York Supreme Court · 1862
- Hall v. EarnestNew York Supreme Court · 1861
3Cited by1 opinion
- State v. FarySupreme Court of New Jersey · 1954