Dorlon v. Douglass
New York Supreme Court
This was an action of trover for a promissory note for $375, made by John Ives, payable to the order of Isaac Wilson, three months from date, with interest, at the Washington County Bank, and dated Hebron, March 2, 1847. It was indorsed successively by 1st, I. Wilson; 2d, H. J. Paine; 3d, J. G. Bacon; 4th, E. Dorlon, (the plaintiff.) The cause was tried under the plea of the general issue, at the Rensselaer circuit, in November, 1847, when the jury found a verdict for the…
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This was an action of trover for a promissory note for $375, made by John Ives, payable to the order of Isaac Wilson, three months from date, with interest, at the Washington County Bank, and dated Hebron, March 2, 1847. It was indorsed successively by 1st, I. Wilson; 2d, H. J. Paine; 3d, J. G. Bacon; 4th, E. Dorlon, (the plaintiff.) The cause was tried under the plea of the general issue, at the Rensselaer circuit, in November, 1847, when the jury found a verdict for the defendant. The cause came before this court on a bill of exceptions taken by the plaintiff to sundry rulings of the judge…
1Opinion of the Court
By the Court, Willard, J.
The testimony of Robinson? the attorney of the bank, that the plaintiff told him that his *455name indorsed on the $300 note was not his signature, tended to show that the plaintiff’s admission to Bell, the bank teller, that he had indorsed a note for Bragg on the morning of the 9th of April, related to the note in question. It thus increased the presumption that the note in dispute belonged to Bragg and not to the plaintiff. And if so, the former had a right to dispose of it as he did, and the latter had no right to complain.
The cause, however, on the argument, was…
2Cases cited5 opinions
- Smith v. JonesNew York Supreme Court · 1818
- Wailing v. TollNew York Supreme Court · 1812
- Garey v. NicholsonNew York Supreme Court · 1840
- Carver v. TracyNew York Supreme Court · 1808
- Credit v. BrownNew York Supreme Court · 1813
3Cited by7 opinions
- Rouse v. . WhitedNew York Court of Appeals · 1862
- Rouse v. WhitedNew York Court of Appeals · 1862
- Penfield v. JacobsNew York Supreme Court · 1856
- Graves v. SantwayNew York Supreme Court · 1889
- Patrick v. MetcalfThe Superior Court of New York City · 1862
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