McCaughey v. . Smith
New York Court of Appeals
Appeal from the Supreme Court. Action upon a promissory note. The facts were as follows: When the note was presented to the referee,- on the trial, it was in these words and figures, viz.: “ $200. Ninety days after date, for value received, I promise to pay to the order of Origen Smith two hundred dollars, at the office of W. C. Curry & Co., Erie, Pa. Westfield, June 22, 1859. (Signed) “ W. H. Hungerford, . “ Alfred Hall.” (Indorsed) “ Origen Smith.”
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Appeal from the Supreme Court. Action upon a promissory note. The facts were as follows: When the note was presented to the referee,- on the trial, it was in these words and figures, viz.: “ $200. Ninety days after date, for value received, I promise to pay to the order of Origen Smith two hundred dollars, at the office of W. C. Curry & Co., Erie, Pa. Westfield, June 22, 1859. (Signed) “ W. H. Hungerford, . “ Alfred Hall.” (Indorsed) “ Origen Smith.” But when the note was indorsed by Smith, the name, W. H-Hunger ford, was not signed to it; and the words, “ office of W. C. Curry & Co.” were…
1Opinion of the CourtEmott, J.
The question of the manner or effect of the insertion of the place of payment is not before us. The referee has found, as a fact, that Smith indorsed the note, having no place of payment stated in it, and that it was to be filled up with the name of a bank in Erie, Pa., and it was so filled up with the name of a banking house at that place. There is no exception to this finding, and it disposes of the objection that the place of payment was inserted in the note without authority. So also the question of notice of non-payment of the note, if it was open to the defendant upon the present…
2Cases cited1 opinion
- Chappell v. SpencerNew York Supreme Court · 1857
3Cited by17 opinions
- Miller v. FinleyMichigan Supreme Court · 1872
- Mersman v. WergesSupreme Court of the United States · 1884
- Wells v. . MannNew York Court of Appeals · 1871
- Bank of Moberly v. MealsSupreme Court of Missouri · 1927
- Barnes v. Van KeurenNebraska Supreme Court · 1891
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