Gage v. Kendall
New York Supreme Court
Error from the Cortland common pleas. Kendall declared in the court below on a promissory note made by Gage, payable to William Castle or bearer.
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Error from the Cortland common pleas. Kendall declared in the court below on a promissory note made by Gage, payable to William Castle or bearer. The defendant pleaded the general issue, and gave notice with his plea that he would prove, on the trial, that the plaintiff, at the commencement of the suit, had no title to or interest in the note declared on, but had transferred the same to one Shankland, who was the owner and holder thereof; and that the suit was commenced without the knowledge, consent or authority of the plaintiff. On the trial, the defendant offered to prove the facts set…
1Per curiam
The question is, whether the fact that the holder and owner of a negotiable note has prosecuted such note in the name of a stranger, without his knowledge or consent, is a bar to a recovery in the name of such nominal plaintiff.
Perhaps this question cannot be better answered than it has been by this court in Lovell v. Evertson, 11 Johns. R. 52. The note being endorsed in blank, (in this case payable to bearer,) the owner had a right to fill it up with what name he pleased, and the person whose name was so inserted would be deemed, on record, as the legal owner ; and if not so in fact, he…
2Cases cited1 opinion
- Olcott v. RathboneNew York Supreme Court · 1830
3Cited by33 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Hays v. . HathornNew York Court of Appeals · 1878
- Sanford v. . SanfordNew York Court of Appeals · 1871
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Watervliet Bank v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1845
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