Page v. Morrell
New York Court of Appeals
Appeal from a judgment of the supreme court in the fourth district, affirming a judgment in favor of the plaintiffs, on the decision of a single judge. Action against the makers and indorser of a promissory note.
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Appeal from a judgment of the supreme court in the fourth district, affirming a judgment in favor of the plaintiffs, on the decision of a single judge. Action against the makers and indorser of a promissory note. Qn the 10th of June, 1859, the defendant Morrell, made the promissory note in suit, dated Canajoharie, June, 1859 (a blank being left for the day of the-month), whereby they promised to pay $50, thirty days after date, with use, to the order of Benjamin K. Nellis, at the Canajoharie Bank. They also procured it to be indorsed by Nellis, for their accommodation. On the same day, they…
1Opinion of the CourtJames C. Smith, J.
The only question in this case is, ■ whether, as between these parties, the note is rendered invalid, in consequence of its having been antedated by the plaintiffs, after the transfer to them, so that it had ten days less to run than it would have had if it had been dated as of the day when it was indorsed and negotiated to Wiles.
There can be no doubt that if the same day of the month had been inserted by the makers when they negotiated the note to Wiles, without the knowledge of the indorser, the note would not thereby have been rendered invalid, as against the indorser; and so, if the day…
2Cases cited2 opinions
- Mitchell v. CulverNew York Supreme Court · 1827
- Inglish v. BrenemanSupreme Court of Arkansas · 1844
3Cited by3 opinions
- Redlich v. . DollNew York Court of Appeals · 1873
- Weyerhauser v. . DunNew York Court of Appeals · 1885
- Harris v. BergerCity of New York Municipal Court · 1888