Hays v. Southgate
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon tbe trial of this action at tbe Circuit. The plaintiff must be the real party in interest.
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Appeal from a judgment in favor of tbe plaintiff, entered upon tbe trial of this action at tbe Circuit. The plaintiff must be the real party in interest. (Tamvisier v. Oassard, 17 Abb., 187; Kill-more v. Oul/ver, 24 Barb., 656; Sanford v. Sanford, 45 N. Y., 723; Metropolitan Bank v. lord, 1 Abb., 185; S. O., 4 Duer, 630; Flood v. Reynolds, 13 How., 112; Duncan v. La/wrenee, 6 Abb., 304; S. C., 3 Bos., 103; Gla/rh v. Phillips, 21 How., 87; James v. Chalmers, 6 N. Y., 215.) The holder of a note payable to bearer, or indorsed in blank, may sustain an action, although in fact not the owner.…
1Opinion of the Court
Boardman, J.:
This is an action on a promissory note against the maker and indorser. The defendants, by their answer, deny that the note was ever transferred to the plaintiff or that he is the legal holder or owner thereof, or that he is the real party in interest, and allege that the Saratoga Savings Bank is the real party in interest and the owner and holder thereof, and should be plaintiff. On the trial, the plaintiff produced and read in evidence the said note, signed by the maker and indorsed in blank by C. B. Southgate, defendant, the payee in said note named. After proving the amount…
2Cases cited7 opinions
- Allen v. . BrownNew York Court of Appeals · 1870
- Williamson v. BarrettSupreme Court of the United States · 1852
- Sanford v. . SanfordNew York Court of Appeals · 1871
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Eaton v. . AlgerNew York Court of Appeals · 1872
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