Smith v. Boyer
New York Supreme Court
This suit is brought to recover against the defendant, Boyer as an accommodation indorser of a $1,000 note, made by the firm of West & Kenna, payable' to the order of the said Boyer and one William Kenna.
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This suit is brought to recover against the defendant, Boyer as an accommodation indorser of a $1,000 note, made by the firm of West & Kenna, payable' to the order of the said Boyer and one William Kenna. The note was presented to Boyer by Thomas M. Kenna, one of said makers, and Boyer indorsed the same for the accommodation of the said firm, and upon the express agreement that the same should not be used unless William Kenna, the other payee, indorsed the same—that the name of William Kenna was then forged as indorser upon the said note by the said Thomas M. Kenna, who transferred the same…
1Opinion of the Court
Mason, Referee.
It seems to me that upon well settled principles of law, the plaintiff cannot recover against Boyer *259as indorser. The plaintiff must make title to this note, through the indorsement of the payees. (Chitty on Bills, 286 ; 1 T. R., 654; 3 T. R., 127; 4 T. R., 28).
The rule is well settled that a forged indorsement does not pass a title to commercial paper negotiable only by indorsement. (1 Hill, 287; Story on Bills, sec., 457; 17 N. Y. 208; 11 How. U. S., 183).
One of the two could not indorse the note to a third person. (9 Mass., 334; 14 Pick., 268).
There is no principle of law…
2Cases cited13 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- The People v. . BostwickNew York Court of Appeals · 1865
- Clute v. SmallNew York Supreme Court · 1837
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