Dean v. Hewit
New York Supreme Court
This was an action of assumpsit, tried at the Washington circuit in June, 1829, before the Hon. Esek Cowen, one of the circuit judges, The plaintiff declared as the endorsee of two promissory notes, made by the defendant, payable to Robert Dean or order. The notes bear date 15th October, 1808, payable in March and October ensuing their dates.
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This was an action of assumpsit, tried at the Washington circuit in June, 1829, before the Hon. Esek Cowen, one of the circuit judges, The plaintiff declared as the endorsee of two promissory notes, made by the defendant, payable to Robert Dean or order. The notes bear date 15th October, 1808, payable in March and October ensuing their dates. The suit was commenced in October, 1828. The defendant pleaded non assumpsit and actio non accrevit, and the plaintiff replied that the cause of action did accrue within six years. On the trial of the cause, the plaintiff proved the endorsement of the…
1Opinion of the Court
By the Court,
Marcy, J.
The holder of negotiable paper can maintain an action on it in his own name without showing title to it. The court will not inquire into his right to the paper, or to maintain a suit on it, unless circumstances appear shewing his possession to be mala fide. The facts in this case do not warrant such a suggestion. The plaintiff has not only the possession, but an interest, if not the entire property in the notes. There cannot therefore be any well founded objection to sustaining the suit in his name.
The new promise relied on to avoid the operation of the statute was…
2Cases cited1 opinion
- Bell v. MorrisonSupreme Court of the United States · 1828
3Cited by41 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Henry v. . RootNew York Court of Appeals · 1865
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