Bowne v. Douglass
New York Supreme Court
THIS action was commenced, by the plaintiffs, as second indorsees of a promissory note, against the defendant as first indorser. The note was as follows : “ $302 fVli Neto York, June 28th, 1858. Bight months after date, we promise to pay to the order of Charles Douglass, assignee, three hundred and two iih dollars, value received, payable 68 Beekman street. [Signed] Dunn & Mansur, Moline, Ills. [Indorsed] Charles Douglass, Assignee. Ralph Barker.”
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THIS action was commenced, by the plaintiffs, as second indorsees of a promissory note, against the defendant as first indorser. The note was as follows : “ $302 fVli Neto York, June 28th, 1858. Bight months after date, we promise to pay to the order of Charles Douglass, assignee, three hundred and two iih dollars, value received, payable 68 Beekman street. [Signed] Dunn & Mansur, Moline, Ills. [Indorsed] Charles Douglass, Assignee. Ralph Barker.” The cause was tried at a circuit court, on the 11th of May, 1860, before the Hon. D. P. Ingraham, without a jury, who found the following facts as…
1Opinion of the Court
By the Court, Ingraham, P. J.
The defendant in this case is sued as the indorser of a promissory note made payable to his order as assignee, and indorsed by him in these words: “> Gharles Douglass, assignee.” The note was received by him in payment of a note belonging to him as assignee of Thomas Douglass. The only question in the case is as to the liability of the defendant as indorser.
Where a person signs a note as maker, the addition to his *315name of any special character in which he may be acting does not relieve him from personal liability as maker, but such addition is considered merely as…
2Cases cited5 opinions
- Brockway v. AllenNew York Supreme Court · 1837
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Watervliet Bank v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hicks v. HindeNew York Supreme Court · 1850
- Moss v. . LivingstonNew York Court of Appeals · 1850
3Cited by2 opinions
- Cortland Wagon Co. v. LynchNew York Supreme Court · 1894
- Hood v. HallenbeckNew York Supreme Court · 1876