Brush v. Scribner
Supreme Court of Connecticut
This was an action on the endorsement of a promissory note. The parties were thus described in the writ: “ Jarvis Brush of the city of Brooklyn, in the county of Kings, in the state of New-York, and Edward Cook, of the city of New-York, partners and merchants in company, by the name and firm of Brush Cook, plaintiffs, against John Scribner, of the city of New-York, defendant.”
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This was an action on the endorsement of a promissory note. The parties were thus described in the writ: “ Jarvis Brush of the city of Brooklyn, in the county of Kings, in the state of New-York, and Edward Cook, of the city of New-York, partners and merchants in company, by the name and firm of Brush Cook, plaintiffs, against John Scribner, of the city of New-York, defendant.” The note in question was made in the city of New-York, on the 4th of December, 1833, by Abraham S. Scribner, of that city, for 326 dollars, 50 cents, payable to the order of the defendant, four months after date, and by…
1Opinion of the Court
Williams, Ch. J.
The defendant claims, that as to the 112 dollars, 85 cents, the antecedent debt, there was not such a consideration as would entitle the plaintiffs to a recovery; or at least, that such is the law of the state of New-York, which ought to govern the contract under which the plaintiffs claimed. That a want of consideration, as between the parties to negotiable paper, may be shewn, is well settled ; and the same rule exists, where such paper comes into the hands of a third person, who was apprised of that fact. So when negotiable paper is made for a particular object, as when it…
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