Herrick v. Carman
New York Supreme Court
IN ERROR., from the court of common pleas of Dutchess county. Carman, as endorsee, brought an action, in the court below, against Herrick, as endorser of a promissory note, dated the 25th of February, 1811, made by John Ryan to Lawrence Carman Sr Co., or order, for 138 dollars and 38 cents, payable thirty days after date. A demand of payment of Ryan, on the 30th of March, 1811, and refusal, and notice ..* . tt - 7 J thereof to Herrick, was proved.
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IN ERROR., from the court of common pleas of Dutchess county. Carman, as endorsee, brought an action, in the court below, against Herrick, as endorser of a promissory note, dated the 25th of February, 1811, made by John Ryan to Lawrence Carman Sr Co., or order, for 138 dollars and 38 cents, payable thirty days after date. A demand of payment of Ryan, on the 30th of March, 1811, and refusal, and notice ..* . tt - 7 J thereof to Herrick, was proved. Ryan applied to Lawrence Carman Sr Co. for the purchase of goods, which they refused to sell to him, without security for the payment. Ryan,…
1Opinion of the CourtSpencer, J.
delivered the -opinion , of. the court; The def féndant in error purchased the noté at a discount, and xvith full knoxvledge of all the facts in the case; his right, therefore, to recover, cannot . be superior or better than that Of L, Carman Sr Co¿, from xvhom lie derived xvhatexmr title lie had... It does not appear that the plaintiff in-error endorsed the note for the purpose of giving Ryan credit xvith L, Carman Sr Co., or that he xvas in' anyxvise informed of the use to xvhich Ryan meant to apply the note. In the absence of any-proof to the contrary, xve must intend that Herrick meant…
2Cases cited1 opinion
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
3Cited by32 opinions
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Bacon v. . BurnhamNew York Court of Appeals · 1868
- Richards v. WarringNew York Court of Appeals · 1864
- Ellis v. BrownNew York Supreme Court · 1849
- Wells v. JacksonIndiana Supreme Court · 1841
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