Harris v. Berger
City of New York Municipal Court
The plaintiff sues upon a part due promissory note for $350, alleged to have been made by the firm of Berger & Bloom, to the order of Samuel Rosenblume, and by him indorsed and delivered to one Gordon, who indorsed said note, and, before maturity, delivered it to the plaintiff for full value. Beger alone defends, and in his answer denies the making of the note sued upon.
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The plaintiff sues upon a part due promissory note for $350, alleged to have been made by the firm of Berger & Bloom, to the order of Samuel Rosenblume, and by him indorsed and delivered to one Gordon, who indorsed said note, and, before maturity, delivered it to the plaintiff for full value. Beger alone defends, and in his answer denies the making of the note sued upon. On the trial it was admitted that the signature (written in Hebrew) to the note is in Berger’s handwriting, and it was claimed that the body of the note (written in English) had been filled in without his authority. The…
1Opinion of the CourtMcAdam, C. J.
It is settled law that when a person signs a note in blank, he impliedly confers upon the person to whom it is entrusted authority to fill up the usual and ordinary blanks, such as date, name of payee, amount and time of payment. Page v. Morrell, 3 Keyes, 117; Vanduzer v. Howe, 21 N. Y., 531; Redlich v. Doll, 54 id., 234; McGrath v. Clark, 56 id., 34; Weyerhauser v. Dun, 100 id., 150; Kitchen v. Place, 41 Barb, 465; Hardy v. Norton, 66 id., 527; Angle v. N. W. M. L. Ins. Co., 92 U. S., 339; Mustin v. Garthe, Daily Register, Nov. 25, 1885. The court, in Page v. Morrell (supra), holds that it…
2Cases cited9 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Redlich v. . DollNew York Court of Appeals · 1873
- Nance v. LarySupreme Court of Alabama · 1843
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