Freeman v. Falconer
The Superior Court of New York City
Appeal from a judgment entered on a verdict in favor of the plaintiff ; and from an order denying defendant’s motion, made on the minutes, for a new-trial. The action was brought upon two promissory notes in writing, made by J. M. Falconer & Co., to the order of Manning, Bowman & Co., and by them specially indorsed to the order of the plaintiff.
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Appeal from a judgment entered on a verdict in favor of the plaintiff ; and from an order denying defendant’s motion, made on the minutes, for a new-trial. The action was brought upon two promissory notes in writing, made by J. M. Falconer & Co., to the order of Manning, Bowman & Co., and by them specially indorsed to the order of the plaintiff. The separate answer of the defendant, John M. Falconer, who alone appeared, put in issue all the allegations of the com"ilaint, and averred, by way of affirmative defense, that ae notes were the property of Manning, Bowman & Co., who were the real…
1Opinion of the Court
By the Court.—Sanford, J.
Upon the question of the plaintiff’s title to the notes in suit, and Ms right to maintain an action thereon, the weight of authority is adverse to the position contended for by the defendant. In Hays v. Southgate, 10 Hun, 511, the cases upon this point are collated and commented on, and it is laid down as the settled rule, established by numerous adjudications of the court of appeals, that in the absence of mala Jides in a plaintiff’s possession of *135promissory notes, indorsed in blank, or specially to himself or his own order, the legal title is in him, and he is…
2Cited by1 opinion
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