Gilbert v. Sharp
New York Supreme Court
This was an appeal by the defendant, upon a case made, and exceptions, after judgment upon a verdict in favor of the-plaintiff. The action was upon a promissory note, payable to the order of one Palmer, and the defendant offered to prove a perfect defence, as between himself as maker, and the payee named in the note; the evidence was refused, and he excepted. The plaintiff claimed to be a bona fide holder for value paid before maturity.
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This was an appeal by the defendant, upon a case made, and exceptions, after judgment upon a verdict in favor of the-plaintiff. The action was upon a promissory note, payable to the order of one Palmer, and the defendant offered to prove a perfect defence, as between himself as maker, and the payee named in the note; the evidence was refused, and he excepted. The plaintiff claimed to be a bona fide holder for value paid before maturity. The facts sufficiently appear in the opinion.
1Opinion of the Court
By the Court
—E. Darwin Smith, P. J.
This action was brought upon a negotiable promissory note,, payable to George N. Palmer, or order, one year after date. It was indorsed without recourse by one Persons, without authority from Palmer, and delivered to the plaintiff, who paid for it a good consideration. After the maturity of the note, Palmer ratified the indorsement. It is conceded in the ease, and was assumed and asserted by the learned judge at the circuit, *413and quite correctly, I think, that the note could not be enforced as between the original parties, and could only be enforced at law,…
2Cases cited3 opinions
- Hedges v. SealyNew York Supreme Court · 1850
- Bliss v. CottleNew York Supreme Court · 1860
- Richards v. WarringNew York Supreme Court · 1863
3Cited by4 opinions
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Karsner v. CooperCourt of Appeals of Kentucky · 1922
- Seeley v. MorganThe Superior Court of New York City · 1883
- Treadwell v. LincolnNew York Supreme Court · 1889