Crandall v. Vickery
New York Supreme Court
A PPEAL from a judgment entered upon the report of a 1\. referee, in an action upon a promissory note, brought against Pliny B. Holdridge as maker and John Vickery as indorser.
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A PPEAL from a judgment entered upon the report of a 1\. referee, in an action upon a promissory note, brought against Pliny B. Holdridge as maker and John Vickery as indorser. The referee reported that upon the trial the following facts were established by the evidence and the admissions of the respective parties, viz: That prior to the 4th of June, 1862, Vickery (who died after the commencement of the suit,) had indorsed a note of $1000, made by one Pliny Holdridge, and for the accommodation of the latter, which was at the date above mentioned held by the Union Bank, in Bochester. That said…
1Opinion of the Court
By the Court, Johnson, J.
The important question in this case is, whether the plaintiff was a bona fide holder of the notes in question, for a valuable consideration. That he had no notice of any fraud on the part of any one connected with the notes or of any infirmity in the notes, is expressly found.
The referee found as a conclusion of law from the facts established, that he was not a holder for a valuable consideration, as against the indorser. The notes were clearly transferred to the plaintiff in fraud of the rights of the indorser, and they can not be enforced against him or his…
2Cases cited1 opinion
- Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by8 opinions
- Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
- Lytle v. LansingSupreme Court of the United States · 1893
- Baruch v. BuckleyAppellate Division of the Supreme Court of the State of New York · 1915
- Lincoln National Bank v. DavisNebraska Supreme Court · 1889
- Proctor v. ColeIndiana Supreme Court · 1888
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