Schaeffer v. Marsh
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, seventh district, entered after a trial by the court without a jury.
1Opinion of the CourtPendleton, J.
The action was brought by the holder for value, without notice, of a certain check drawn by the maker to one Marsh, indorsed by the latter and negotiated with plaintiff. It appears by the evidence that after the making out of the check, and its signature by defendant and before delivery, it was stolen from him, and thereafter indorsed and negotiated by the payee. The court rendered judgment for defendants, and the question involved on this appeal is whether the above facts constitute a defense to this action.
When stolen from the maker, the check was in all respects completed, except as to…
2Cases cited4 opinions
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Linick v. A. J. Nutting & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Poess v. Twelfth Ward BankAppellate Terms of the Supreme Court of New York · 1904
- Greeser v. SugarmanAppellate Terms of the Supreme Court of New York · 1902
3Cited by2 opinions
- City of Erlanger v. BerkemeyerCourt of Appeals for the Sixth Circuit · 1953
- Holzman, Cohen & Co. v. TeagueAppellate Terms of the Supreme Court of New York · 1915