Taylor v. Surget
New York Supreme Court
' Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a dismissal of the complaint at the circuit. The action ivas brought upon a promissory note.
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' Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a dismissal of the complaint at the circuit. The action ivas brought upon a promissory note. The complaint was dismissed on the ground that the plaintiff had no title to the note. ’ The indorsement of the note by the payee having been admitted by the defendant on the ■trial, the possession of the note by the plaintiff, and the introduction and reading thereof by him in evidence was prima facie proof that it had been delivered to him, that he was the owner thereof and had a right to…
1Opinion of the Court
Beady, J. :
The note in controversy was payable to the order of Captain Aleck Norton, and was at its maturity in his possession, where it continued down to the time of his death. It then formed a part of his estate.. It was transferred by his executor to the plaintiff in tins suit, by delivery, and without indorsement. There was no consideration paid for it, and, the plaintiff was a stranger to the executor. It is very apparent that the transfer was made for the purpose of prosecuting the note, and that the plaintiff to whom it was transferred received it for that purpose. He failed to show…
2Cases cited4 opinions
- Seeley v. EngellNew York Supreme Court · 1854
- Brisbane v. PrattNew York Supreme Court · 1847
- James v. . ChalmersNew York Court of Appeals · 1852
- Smith v. SchanckNew York Supreme Court · 1854