Gould v. Segee
The Superior Court of New York City
Appeal, by plaintiff, from a judgment in favor of defendant, Segee. The action was against Segee, as the maker, and Frederick W. Greissenhainer, as the endorser, of a promissory note for $195.00, dated February 28, 1853, and payable, three months after date, to the order of Greissenhainer. The complaint (Contained the usual averments. The defendants answered separately. Each answer admitted the making and endorsement of the note, and set up as a defence the following facts.
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Appeal, by plaintiff, from a judgment in favor of defendant, Segee. The action was against Segee, as the maker, and Frederick W. Greissenhainer, as the endorser, of a promissory note for $195.00, dated February 28, 1853, and payable, three months after date, to the order of Greissenhainer. The complaint (Contained the usual averments. The defendants answered separately. Each answer admitted the making and endorsement of the note, and set up as a defence the following facts. That the note was made for the accommodation of Greissenhainer, to whom it was delivered by Segee. That Q-eissenhainer…
1Opinion of the CourtBv the Court. Duer, J.
We apprehend that no rule of the law merchant is more fully settled, than that which affirms the title of a bond fide holder, for value, of negotiable paper, notwithstanding the person by whom it was transferred to him, had acquired its possession by felony or fraud; nor do we at all doubt that the salutary rule is just as applicable to paper transferable only by endorsement, as to that transferable by delivery alone; it is just as applicable to bills of exchange and promissory notes, payable to order, as tc/bank bills, payable to bearer. That such is the law is declared, or necessarily…
2Cited by18 opinions
- Burson v. HuntingtonMichigan Supreme Court · 1870
- King v. DoaneSupreme Court of the United States · 1891
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Mayer v. . HeidelbachNew York Court of Appeals · 1890
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
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