Killmore v. Culver
New York Supreme Court
PPBAL by the defendant from a judgment entered at a special term, upon the report of a referee. The action was upon a promissory note for the sum of $105 and interest, made by the defendant on the 28th of April, 1848, payable to Job D. Tanner or hearer, on demand. The referee reported in favor of the plaintiff for the amount of the note, with interest.
1Opinion of the Court
By the Court, S. B. Strong, P. J.
This is an action upon a promissory note payable to one Tanner or bearer. The plaintiff alleges in his complaint that he is the lawful holder and owner of the note. The defendant denies that the plaintiff is such lawful holder and owner of the note, and avers that the title and ownership is still in Tanner, and that the note was transferred to the plaintiff conditionally, without consideration, and for the purpose of prosecution. The plaintiff replies that he took the note unconditionally, and for value received, and that he is • the lawful owner of it, and of…
2Cited by4 opinions
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