Redlich v. . Doll
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of the defendant, entered upon the report of a referee and granting a new trial. The action was brought by plaintiffs as endorsees upon a promissory note of $679.20, against the defendant as maker.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of the defendant, entered upon the report of a referee and granting a new trial. The action was brought by plaintiffs as endorsees upon a promissory note of $679.20, against the defendant as maker. The defense was, (1) that the note had been altered after its delivery by the insertion of a place of payment; and (2) that it was not stamped at the time it was made and delivered, the original parties to it having expressly agreed that it should not be stamped, but should be…
1Opinion of the Court
Earl, C.
I am well satisfied, upon' a long line of authorities, that the insertion of the place of payment in this note did not avoid it in the hands of a bona fide holder for value.
The defendant made his note perfect in form except the place of payment, and intrusted it to Istel for a special purpose. If the word “ at ” had not been inserted in the note it would have been a complete note without the insertion of other words. ’ But with that word in, preceding a blank, it carried upon its face an implied authority for any bona fide holder to insert the place of payment. In such case, if the…
2Cases cited6 opinions
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
- Kitchen v. PlaceNew York Supreme Court · 1864
- Page v. MorrellNew York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
- National Exchange Bank v. LesterNew York Court of Appeals · 1909
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
21 more not listed; retrieve them via the Exa API.