Legal Opinion

Willis v. Green

New York Supreme Court

Decided May 15, 1843Published

Assumpsit, tried at the Herkimer circuit, in September, 1834, before Denio, C. Judge. The action was by John R. Willis against Lester Green, on a promissory note in these words: “ By the first of January next, I promise to pay John R. Willis, to the order of Smith Johnson and Lester Green, at the bank of Utica, in the village of Utica, four hundred and seventy-four dollars and ten cents, for value rec’d. Little Falls, August 29th, 1827. (Signed) E. C. Pinney.”

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Assumpsit, tried at the Herkimer circuit, in September, 1834, before Denio, C. Judge. The action was by John R. Willis against Lester Green, on a promissory note in these words: “ By the first of January next, I promise to pay John R. Willis, to the order of Smith Johnson and Lester Green, at the bank of Utica, in the village of Utica, four hundred and seventy-four dollars and ten cents, for value rec’d. Little Falls, August 29th, 1827. (Signed) E. C. Pinney.” (Endorsed) “ Smith Johnson. Lester Green.” The declaration described the note as payable to the plaintiff, and averred, among other…

1Opinion of the Court

By the Court, Nelson, Ch. J.

It has already been decided in this case that the suit was properly brought in the name of the plaintiff, as Johnson and Green were the payees of the note, and the legal title properly derivable through them by the endorsement. ( Willis v. Green, 10 Wend. 516.)

If notice of protest be material to charge Green as co-payee and endorser, it is equally important that it should be brought home to Johnson before either can be made liable. They were not partners, and therefore notice to one will not answer. It xvas once supposed, in a like case, that the endorsers were part*234…

2Cases cited5 opinions

  1. Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
  2. Stewart v. EdenNew York Supreme Court · 1804
  3. President of Merchant's Bank v. BirchNew York Supreme Court · 1819
  4. Shepard v. HawleySupreme Court of Connecticut · 1815
  5. Willis v. GreenNew York Supreme Court · 1833

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