Howland & Aspinwall v. Myer
New York Court of Appeals
Appeal from t.he superior court of the city of New-York, where Howland & Aspinwall brought assumpsit against Theodore A. Myet The cause was tried before Sandford, J. without a jury, in June, 1848 and on the trial the plaintiffs gave in evidence and claimed to recover upon a promissory note as follows: “ 13698,40. New-York, May 1, 1846. Twelve months after date, I promise to pay the Alliance Mutual Insurance Company or order, for value received, thirty-six hundred and…
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Appeal from t.he superior court of the city of New-York, where Howland & Aspinwall brought assumpsit against Theodore A. Myet The cause was tried before Sandford, J. without a jury, in June, 1848 and on the trial the plaintiffs gave in evidence and claimed to recover upon a promissory note as follows: “ 13698,40. New-York, May 1, 1846. Twelve months after date, I promise to pay the Alliance Mutual Insurance Company or order, for value received, thirty-six hundred and ninety-eight dollars and forty cents. T. A. Myer.” (Endorsed) “ Pay Messrs. Howland & Aspinwall or order. The Alliance Mutual…
1Opinion of the CourtGardiner, J.
The note in question was a valid security in the hands of the insurance company, the original holders, and zoukl have been enforced by them against the defendant. (Deraismes v. The Merch. Mutual Ins. Company, 1 Comst. 371.)
Was it duly transferred by the insurance company to the plaintiffs 1 is the question in the present case. The 12th section of the act under which this company was incorporated provides “ that the company, for the better security of its dealers, may receive notes for premiums in advance, of persons intending to receive its policies, and may negotiate the same for the purpose…
2Cited by2 opinions
- People v. LincolnNew York Supreme Court · 1881
- Great Western Insurance v. ThayerNew York Supreme Court · 1871