Pentz v. Winterbottom
New York Supreme Court
Assumpsit on a promissory note by an endorsee against the maker, tried at the New-York circuit in October, 1844, before Kent, late Cir. J. The note purported to be made by the defendant, payable to the order of Charles L. Denman, and to be endorsed by him and by three other persons.
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Assumpsit on a promissory note by an endorsee against the maker, tried at the New-York circuit in October, 1844, before Kent, late Cir. J. The note purported to be made by the defendant, payable to the order of Charles L. Denman, and to be endorsed by him and by three other persons. One Hescocks, a witness for the plaintiff, testified that he called on the defendant with a copy of this note, before the plaintiff had discounted it, and that the defendant said it was all right—he had signed such a note and it would be paid; that the witness had not the original note then with him. The witness…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
This action is agair s the defendant as maker of a promissory note payable to the order of Charles Lewis Denman, and on the trial such a note was produced by the plaintiff. It was endorsed Charles L. Denman, and no question as to the genuineness of this endorsement having been made on the trial, it must be taken as admitted. But when the plaintiff rested the case, it was objected that the signature of the defendant had not been proved, and this is the first point to be considered.
The only evidence of the defendant’s signature was that given by the witness…
2Cases cited4 opinions
- Shaver v. EhleNew York Supreme Court · 1819
- Watervliet Bank v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1845
- Palmer v. ManningNew York Supreme Court · 1847
- Van Alen v. BlivenNew York Supreme Court · 1847
3Cited by2 opinions
- Stewart v. GleasonSuperior Court of Pennsylvania · 1903
- Beckley v. EvansSupreme Court of New Jersey · 1887