Comstock v. Hoag
New York Supreme Court
This was an action of assumpsit, tried at the Otsego circuit in September, 1829, before the Hon. Samuel Nelson, one of the circuit judges. The declaration was on a promissory note for $100, dated the 20th February, 1827, payable ninety days after date to “James Tripp, treasurer of La wrens Lodge, No. 120, or bearer.”
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This was an action of assumpsit, tried at the Otsego circuit in September, 1829, before the Hon. Samuel Nelson, one of the circuit judges. The declaration was on a promissory note for $100, dated the 20th February, 1827, payable ninety days after date to “James Tripp, treasurer of La wrens Lodge, No. 120, or bearer.” The money was loaned by the lodge to Hoag, and the note, signed by him and by Strong as his surety, taken and delivered over to Tripp, who had been elected treasurer of the lodge, and who remained snch treasurer until the close of the year 1827. In November, 1827, a statment of…
1Opinion of the Court
By the Court,
Sutherland, J.
The judge erred in charging the jury that upon the evidence before them the plaintiff was entitled to recover. The note carried upon its face the evidence that Tripp, the payee, was not the benefical owner of it. It was made to him as treasurer of the Lawrens lodge. It is also shewn to have been in Tripp’s hands long after it became due. The plaintiff Comstock therefore took it subject to all the defences which might have been made if the action had been brought in the name of Tripp himself. 1 Johns. Cas. 51, 331, 3 id. 29. 1 Johns. R. 319. 5 id. 118. 3 id. 300. 8…
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