Poor v. Guilford
New York Court of Appeals
Oliver L. Poor made his promissory note for about $335, payable to E. M. Poor, or bearer. Early in the year 1843 E. M. Poor placed this note in the hands of Franklin Poor, an attorney, for collection.
Read the full summary
Oliver L. Poor made his promissory note for about $335, payable to E. M. Poor, or bearer. Early in the year 1843 E. M. Poor placed this note in the hands of Franklin Poor, an attorney, for collection. In April of that year, Oliver L. Poor, for the purpose of securing the payment of the note before mentioned, executed to Franklin Poor, the attorney, an assignment in the following terms: “For value received, I hereby transfer and assign to Franklin Poor an interest to the amount of $334.48, in a certain note owned by me, and signed by Fanny and Alfred Hull, now in the hands of W. Angel, of…
1Opinion of the CourtFoot, J.
In this case, there is no doubt of the justice of the judgment of the supreme court, nor of its being a full protection to the appellant against a second claim for the same demand, and it ought not to be reversed, unless some well-established principle of law has been violated.
The beneficial interest in the demand, for which the judgment was rendered, belongs to one E. M. Poor; and the question is, whether the respondent has such a title, and stands in such a relation to the beneficial owner, as to authorize a judgment in his favor.
The respondent having the legal title to the interest in the…
2Cases cited3 opinions
- Norton v. CoonsNew York Supreme Court · 1846
- Gunn v. CantineNew York Supreme Court · 1813
- Hopkins v. CabreyNew York Supreme Court · 1840