Merritt v. Cole
New York Supreme Court
Appeal from a judgment in favor of plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the court.
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Appeal from a judgment in favor of plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the court. Upon the trial plaintiff produced a sealed note, of which the following is a copy: “For'value received I promise to pay unto Blandina Dewitt, daughter of Charles Dewitt, Junior, of Marbletown, or bearer, the sum of sis hundred dollars immediately after the decease of the said Charles Dewitt, Jr. “ In witness whereof I have hereunto set my hand and seal the twentieth of May, one thousand eight hundred and twenty-eight. [l.s.]…
1Opinion of the Court
BoaedmaN, J.:
The note in suit was under seal, and was not,-therefore, negotiable. (Clark v. Farmers' Woolen Man. Co., 15 Wend., 256; 1 Pars. on Notes, 26; 2 id., 35; Dinsmore v. Duncan, 51 N. Y., 577.) It was not, therefore, commercial paper to which tona fide purchasers could acquire title as against the rights of the original parties to the contract. Plaintiff’s father conveyed the property to defendant’s testator, in consideration of which this note was given. The father was therefore owner of the note when given. This would be true, even though the title to the real estate sold was in his…
2Cases cited5 opinions
- Doubleday v. . KressNew York Court of Appeals · 1872
- Clark v. Farmers' Woollen Manufacturing Co.New York Supreme Court · 1836
- Conhocton Stone Road v. Buffalo, New York & Erie RailroadCommission of Appeals · 1873
- Hatfield v. ReynoldsNew York Supreme Court · 1861
- Scoville v. . LandonNew York Court of Appeals · 1872