Holstein v. Rice
New York Supreme Court
Motion for judgment on account of frivolousness of demurrer. The complaint contains two counts, each upon a promissory note made by the defendant, payable to his own order and by him indorsed and delivered to one John Maginnis, for a valuable consideration. It is further alleged in each count, that the plaintiff is now the bona fide holder and owner of the note, and the plaintiff claimed judgment for the amount of both notes, with interest.
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Motion for judgment on account of frivolousness of demurrer. The complaint contains two counts, each upon a promissory note made by the defendant, payable to his own order and by him indorsed and delivered to one John Maginnis, for a valuable consideration. It is further alleged in each count, that the plaintiff is now the bona fide holder and owner of the note, and the plaintiff claimed judgment for the amount of both notes, with interest. The defendant demurred, to the complaint, on the ground that no facts were stated showing how the plaintiff became the holder and owner of. the notes. The…
1Opinion of the Court
Harris, Justice.
The demurrer is not well taken. The complaint shows that the defendant has made two negotiable promissory notes and delivered them to his creditor, and that these notes, at the time of the commencement of this suit, were held and owned by the plaintiff. This is, prima facie, enough to entitle the plaintiff to recover. If the plaintiff, as he alleges, is the bona fide holder and owner of the notes, it does not concern the defendant to know how he came by them. It is not necessary that it should be alleged through whose hands the notes were passed, or whether the plaintiff…
2Cases cited2 opinions
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Russell v. ClappNew York Supreme Court · 1849
3Cited by1 opinion
- White v. DrakeNew York Supreme Court · 1877