Savage v. Bevier
New York Court of Common Pleas
Demurrer to complaint. The defendant, H. E. Bevier, indorsed a note made by his brother, J. L. Bevier, payable to the order of A. Ferguson, to secure a debt due to Ferguson. A. Ferguson transferred the note by assignment, and without indorsement, to the plaintiff, who sues the defendants to recover the amount and another claim.
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Demurrer to complaint. The defendant, H. E. Bevier, indorsed a note made by his brother, J. L. Bevier, payable to the order of A. Ferguson, to secure a debt due to Ferguson. A. Ferguson transferred the note by assignment, and without indorsement, to the plaintiff, who sues the defendants to recover the amount and another claim. The defendant, H. E. Bevier, demurs to the complaint, upon the ground that he is not liable as maker or guarantor, but as an indorser only, and is discharged by the omission o the payee or'holder to notify him of the presentment of the note, and of its non-payment. The…
1Opinion of the Court
Brady, Justice.
The defendant, H. E. Bevier, is an indorser, and not a maker or guarantor; and to charge him, notice of presentment and of non-payment was necessary. (Hall agt. Newcomb, 7 Hill, 416; Spies agt. Gilmore, 1 Com. 321.) The payee could have maintained an action against him. (1 Com. supra, and Ch. Walworth’s opinion, 7 Hill, supra, p. 420.) And it was not necessary, to enable the plaintiff to maintain an ; action against him, that the payee should indorse the note. The rule that a bill or note, payable to order, must be transferred by indorsement, applied only to make the instrument…
2Cases cited2 opinions
- Taylor v. SnyderNew York Supreme Court · 1846
- Agan v. M'ManusNew York Supreme Court · 1814
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