Bornstein v. Kauffman
New York Court of Common Pleas
Appeal from city court, general term. Action on a promissory note by Henry J. Bornstein against Mordecai S. Kauffman. A judgment for plaintiff, entered on a verdict by direction of the court, was affirmed at the general term of the city court, (22 S. Y. Supp. 693,) and defendant appeals.
1Opinion of the CourtPryor, J.
The action is on a note made by Harriet Edwards to the order of Annie Allen, indorsed by the defendant and delivered to Allen, and then indorsed and delivered by Allen to the plaintiff. Since Herrick v. Carman, 12 Johns. 159, it has been the law of New York that upon the relations of the parties as they appear on this paper, without more, the plaintiff cannot recover against the defendant. Moore v. Cross, 19 N. Y. 227; Bacon v. Burnham, 37 N. Y. 614; Phelps v. Vischer, 50 N. Y. 69; Coulter v. Richmond, 59 N. Y. 478; Wyckoff v. Wilson, (Com. Pl. N. Y.) *85313 N. Y. Supp. 270. But that, upon plea and…
2Cases cited7 opinions
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Moore v. . CrossNew York Court of Appeals · 1859
- Coulter v. . RichmondNew York Court of Appeals · 1875
- Herrick v. CarmanNew York Supreme Court · 1815
- Phelps v. . VischerNew York Court of Appeals · 1872
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3Cited by3 opinions
- Gates v. WilliamsNew York Court of Common Pleas · 1894
- Casey v. StewartNew York Court of Common Pleas · 1895
- Lincoln National Bank v. ButlerCity of New York Municipal Court · 1895