Mills v. Porter
New York Supreme Court
Appeal by plaintiff from a judgment in favor of defendant, entered upon a verdict directed by the court, and from an order denying a new trial. The action was brought in Lewis county by George R. Mills against Robert Porter, to recover damages for the failure of title to a note.
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Appeal by plaintiff from a judgment in favor of defendant, entered upon a verdict directed by the court, and from an order denying a new trial. The action was brought in Lewis county by George R. Mills against Robert Porter, to recover damages for the failure of title to a note. The note in question was for SI, 000, and made- by one Brown and another, payable to the order of one Jabez Porter, brother of defendant, upon a loan made by said Jabez to said Brown, and was left in the hands of defendant for safe-keeping. Jabez Porter died without indorsing the note. Some time after his death,…
1Opinion of the CourtGilbert, J.
The only grounds upon which a recovery, could be claimed in this case are that the defendant sold the note to Wood, and that on such sale there was an implied warranty of the title to the note. Neither of these propositions can be maintained. There was no sale of the note, but a mere assignment thereof for the purpose of having it, collected upon an agreed compensation to be paid to Wood, namely, the interest which had accrued and might thereafter accrue on the note. That assignment was, wholly ineffectual for the reason that the defendant was not the owner of the note. The note belonged to…
2Cases cited2 opinions
- Scranton v. . ClarkNew York Court of Appeals · 1868
- Scranton v. ClarkNew York Supreme Court · 1863