Chester v. . Dorr
New York Court of Appeals
Appeal from a judgment of the General Term of the New York Superior Court, affirming a judgment for the plaintiff upon the report of a referee. This action was originally brought by one Harrington, plaintiff’s assignor, against James A. Dorr, the defendant’s testator, as indorser of eight promissory notes made by the Horthfield Brick Company.
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Appeal from a judgment of the General Term of the New York Superior Court, affirming a judgment for the plaintiff upon the report of a referee. This action was originally brought by one Harrington, plaintiff’s assignor, against James A. Dorr, the defendant’s testator, as indorser of eight promissory notes made by the Horthfield Brick Company. The notes bear date respectively January 15th, 20th, March 20th, April 9th, and April 15th, 1858; and matured respectively on September 18th, 23d, and October 12th, 18th, 23d, 1858. Dorr indorsed these notes at the request of one Myers, and solely for…
1Opinion of the CourtWoodruff, J.
Mr. Justice Story, in his Treatise on Promissory Notes, section 178, thus states the difference between the legal effect of the transfer of a promissory note, before and after maturity: “If the transfer is made before the maturity of the note, to a bona fide holder, for a valuable consideration, he will take it free of all equities between the antecedent parties, of which he has no notice.
If the transfer is after the maturity of the note, the holder takes it as a dishonored note, and is affected by all the equities between the original parties, whether he has any notice thereof or not. But, *…
2Cases cited5 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Grant v. EllicottNew York Supreme Court · 1831
- Waters v. StickneyMassachusetts Supreme Judicial Court · 1866
- Rathbone v. StockingNew York Supreme Court · 1848
- Britton v. Bishop & EvertsSupreme Court of Vermont · 1839
3Cited by12 opinions
- Evertson v. . National Bank of NewportNew York Court of Appeals · 1876
- Marling v. JonesWisconsin Supreme Court · 1909
- Toll v. Monitor Binding & Printing Co.Court of Appeals for the Eighth Circuit · 1928
- Cottrell v. WatkinsSupreme Court of Virginia · 1893
- Wilhoit v. SeavallSupreme Court of Kansas · 1926
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