Small v. Smith
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, on. a promissory note, by endorsees against endorser, tried at the Steuben circuit in October, 1843, before Monell, late C. Judge. The plaintiffs gave in evidence a note made by one Hulburt, dated July 16th, 1841, for $1000 and interest, payable to the defendant’s order at the Bank of Geneva, one year from date, endorsed by the defendant and by one Austin. The plaintiffs having proved the note and given evidence to charge the defendant as endorser, rested.
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Assumpsit, on. a promissory note, by endorsees against endorser, tried at the Steuben circuit in October, 1843, before Monell, late C. Judge. The plaintiffs gave in evidence a note made by one Hulburt, dated July 16th, 1841, for $1000 and interest, payable to the defendant’s order at the Bank of Geneva, one year from date, endorsed by the defendant and by one Austin. The plaintiffs having proved the note and given evidence to charge the defendant as endorser, rested. After a question respecting the notice of non-payment had been disposed of favorably to'the plaintiffs, the defendant called…
1Opinion of the Court
By the Court, Beardsley, J.
If the evidence given on the trial was true, and that was for the jury to determine, it is perfectly clear that the note was delivered to the plaintiffs in violation of the agreement upon which it had been endorsed by the defendant. The plaintiffs therefore were not entitled to recover, unless they received it bona fide and upon a valuable consideration. Both were necessary. It must have been received in good faith, without notice of the arrangement on which the endorsement had been made, and the transfer must have been upon what the law regards as a valuable…
2Cases cited2 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Tappan v. BrownNew York Supreme Court · 1832
3Cited by18 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Shuey v. AdairWashington Supreme Court · 1897
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