Burdick v. Green
New York Supreme Court
THIS was an action of assumpsit. The declaration con-tamed several counts: 1, On a promissory note, dated the 21st June, 1810, made by the defendant, and payable to the plaintiff, or order, on the 1st of August next, thereafter, for 1525 dollars : 2. The second count, after setting forth the note, stated, that the plaintiff endorsed it to Joel Ketchum, or order, who, on the 31st July, 1816, did, under his hand and seal, transfer, assign, and set over to the plaintiff, the…
Read the full summary
THIS was an action of assumpsit. The declaration con-tamed several counts: 1, On a promissory note, dated the 21st June, 1810, made by the defendant, and payable to the plaintiff, or order, on the 1st of August next, thereafter, for 1525 dollars : 2. The second count, after setting forth the note, stated, that the plaintiff endorsed it to Joel Ketchum, or order, who, on the 31st July, 1816, did, under his hand and seal, transfer, assign, and set over to the plaintiff, the said note, together with all his right, title, and interest therein, by reason whereof the defendant became liable to pay,…
1Opinion of the Court
Spencer J.
delivered the opinion of the court. The point is, whether an action of assumpsit can be maintained on the original cause of action, under the circumstances set forth in the 6th plea, with the additional fact, that the promissory note duly endorsed to Ketchum had been re-assigned to the plaintiff, under the hand and seal of Ketchum, by a distinct instrument.
There can be no doubt that the legal title in the note is in Ketchum, for the plea states the endorsement of the note under the hand of the plaintiff to J. Ketchum, or order, for value received; the transfer was thus complete, and…
2Cited by29 opinions
- Hushes v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- Battle v. . CoitNew York Court of Appeals · 1863
- Conro v. Port Henry Iron Co.New York Supreme Court · 1851
- Johnson v. JonesNew York Supreme Court · 1848
24 more not listed; retrieve them via the Exa API.