Legal Opinion

Foerster v. Squier

City of New York Municipal Court

Decided June 18, 1892PublishedCited by 3 opinions

Appeal from trial term. Action by Emanuel Foerster against Albert C. Squier. From a judgment entered on a verdict directed by the court in favor of plaintiff, defendant appeals.

1Opinion of the CourtVan Wyck, J.

This action is to recover on a note made by one Osborne to the order of the plaintiff, and indorsed by defendant. This is an irregular indorsement, and defendant could not be held liable by the plaintiff, payee, as held in Reed v. Photo-Gravure Co., (City Ct. N. Y.) 13 N. Y. Supp. 798, unless paroi proof was given that such indorsement was made .to give the maker credit with the payee. However, it is alleged and proved that such indorsement was so made in the case at bar. . The defendant denied indorsement for value or as guarantor; delivery to plaintiff either by him or the maker;…

2Cases cited4 opinions

  1. Adams v. . Irving National BankNew York Court of Appeals · 1889
  2. Gates v. DundonCity of New York Municipal Court · 1891
  3. Oregon Pacific Railroad v. ForrestNew York Supreme Court · 1890
  4. Reed v. Photo-Gravure Co.City of New York Municipal Court · 1891

3Cited by3 opinions

  1. Lasby v. BurgessMontana Supreme Court · 1930
  2. City National Bank of Dayton v. KuswormWisconsin Supreme Court · 1895
  3. Piekenbrock v. SmithSupreme Court of Oklahoma · 1914

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