Paine v. Noelke
The Superior Court of New York City
Appeal from order overruling demurrer. The complaint averred: (1) That on June 1, 1874, at Bergen, in the State of New Jersey, the defendant, Charles D. J. Noelke, made his certain promissory note in writing, dated on that day, and thereby promised to pay to the plaintiff the sum of §1,000, with interest, payable semi-annually, one year from said date. (2) That the defendant P. Foelke indorsed said note, when said Charles D. J. Foelke delivered the same to the plaintiff.
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Appeal from order overruling demurrer. The complaint averred: (1) That on June 1, 1874, at Bergen, in the State of New Jersey, the defendant, Charles D. J. Noelke, made his certain promissory note in writing, dated on that day, and thereby promised to pay to the plaintiff the sum of §1,000, with interest, payable semi-annually, one year from said date. (2) That the defendant P. Foelke indorsed said note, when said Charles D. J. Foelke delivered the same to the plaintiff. (3) That said note at maturity was duly presented for payment to the said Charles D. J. Foelke, but was not paid, of all…
1Opinion of the Court
By the Court.—Freedman, J.
—The conflict of opinion prevailing among the courts of the different States, as to the nature of the contract implied by a blank indorsement of a promissory note before delivery to the payee, is quite extensive.
In the case of a negotiable note, it has been repeatedly held in this State, that a person making such an indorsement is presumed to have intended to become liable as second indorser, and that on the face of the paper, without explanation, he is to be regarded as second indorser, and as such not liable upon the note to the payee, who is supposed to be the…
2Cases cited11 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Coulter v. . RichmondNew York Court of Appeals · 1875
- Richards v. WarringNew York Court of Appeals · 1864
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