McKnight v. Devlin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt of the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon two promissory notes made by defendant Devlin, payable to defendant Earle, and indorsed by the latter to plaintiff. The defendant Devlin only answered.
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Appeal from judgment of the General Term of the Supreme Oourt of the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon two promissory notes made by defendant Devlin, payable to defendant Earle, and indorsed by the latter to plaintiff. The defendant Devlin only answered. He admitted the making and delivery of the notes, but alleged that plaintiff took them without consideration and with knowledge of defendant’s defence; that they were given for certain still fixtures conveyed by Earle, who covenanted and agreed to…
1Opinion of the CourtAllen, J.
The plaintiff became the owner of the notes in suit, with full notice of the defence now set up, and of the equities of the defendant, and is not, therefore, entitled to the protection accorded to bona fide holders of negotiable paper. The notes were subject to the same defences in his hands that they would have been in the hands of the original payee. (Skilding v. Warren, 15 J. R., 270; Kasson v. Smith, 8 Wend., 437; Story on Prom. Notes, §§ 190, 197.)
The notes were given for personal property ; and, in the absence of an express warranty of title, the law would imply such warranty. Every…
2Cases cited6 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Muller v. . EnoNew York Court of Appeals · 1856
- Kerr v. . HaysNew York Court of Appeals · 1866
- Dunckel v. . WilesNew York Court of Appeals · 1854
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