Gessner v. Smith
City of New York Municipal Court
Appeal from-trial term. Action by Marguerite Gessner against Mary B. Smith on promissory note, tried without a jury. Defendant, at her husband’s request, indorsed his note in suit without consideration; whereupon it was delivered (in defendant’s absence) to one Love-joy, who passed it to the plaintiff.
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Appeal from-trial term. Action by Marguerite Gessner against Mary B. Smith on promissory note, tried without a jury. Defendant, at her husband’s request, indorsed his note in suit without consideration; whereupon it was delivered (in defendant’s absence) to one Love-joy, who passed it to the plaintiff. When due, the note was put into bank for collection, and “protested” by a notary for non-payment; who testified on the trial, being called by defendant, that the demand of payment and mailing of notice to the indorser were attended to wholly by his clerk, as the latter reported to him. The…
1Opinion of the Court
Pitshke, J.,
(after stating the facts.) Both parties waived a trial by jury. The court below found that the note in suit (payable to the maker’s own order) was indorsed in blank by the defendant before its delivery, with intent to become liable thereon to subsequent indorsers as indorser, and that it was transferred before maturity and for value to this plaintiff. The maker, being also payee, was necessarily the first indorser of said note. Phelps v. Vischer, 50 N. Y. 69. The court further found that the presentment of the note was not made by the protesting notary personally, and that the…
2Cases cited11 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- Coulter v. . RichmondNew York Court of Appeals · 1875
- Miller v. HackleyNew York Supreme Court · 1810
- Cole v. . JessupNew York Court of Appeals · 1854
- Phelps v. . VischerNew York Court of Appeals · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schenck v. Government of GuamSuperior Court of Guam · 1975