Draper v. Chase Manufacturing Co.
New York Supreme Court
Demurrer to complaint. This action was brought by Albert Draper against The Chase Manufacturing Company as indorser of a promissory note.
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Demurrer to complaint. This action was brought by Albert Draper against The Chase Manufacturing Company as indorser of a promissory note. The complaint, after alleging the incorporation of the defendants, alleged that on the 10th day of August, 1875, at the city of New York, the defendant, Frank W. Allen, made a certain promissory note in writing bearing date on that day, and thereby for value received promised to pay the plaintiff or order the sum of two hundred and fifty dollars, and the defendant The Chase Manufacturing Co., afterwards indorsed the said promissory note, and the same was…
1Opinion of the CourtVan Brunt, J.
[After stating the facts.]—It is the well settled rule in this State that in order to overcome such presumption, the payee must show that the note was thus indorsed to give credit to the note with the payee, and that the payee has parted with value upon the credit of such indorsement (Herrick v. Carman, 12 Johns. 160 ; Nelson v. Dubois, 13 Id. 175 ; Campbell v. Butler, 14 Id. 349 ; Hall v. Newcomb, 7 Hill, 416 ; Moore v. Cross, 19 N. Y. 227; Bacon v. Burnham, 37 Id. 614; Phelps v. Vischer, 50 Id. 69 ; Coulter v. Richmond, 59 Id. 478).
It is as well settled that the complaint must allege every…
2Cases cited2 opinions
- Moore v. . CrossNew York Court of Appeals · 1859
- Conkling v. GandallNew York Court of Appeals · 1864
3Cited by2 opinions
- McMoran v. LangeAppellate Division of the Supreme Court of the State of New York · 1898
- Myers v. CrimNew York Supreme Court · 1884