Pardee v. Fish
New York Supreme Court
A JURY having been waived, the parties proved before the court that on the 11th day of May, 1873, the People’s Savings Bank, the People’s Safe Deposit and Savings Institution of the State of Mew York, at Syracuse, issued to the defendant a certificate, in the following words, viz.: “Mr. David Fish has deposited in this bank six hundred and one dollars, payable to the order of himself in current notes, on the return of this certificate, with interest at seven per cent, per…
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A JURY having been waived, the parties proved before the court that on the 11th day of May, 1873, the People’s Savings Bank, the People’s Safe Deposit and Savings Institution of the State of Mew York, at Syracuse, issued to the defendant a certificate, in the following words, viz.: “Mr. David Fish has deposited in this bank six hundred and one dollars, payable to the order of himself in current notes, on the return of this certificate, with interest at seven per cent, per annum.” That on the 5th of June, 1873, Fish indorsed and transferred the same to the plaintiff; that on the 11th day of…
1Opinion of the CourtHardin, J.
If the instrument upon which the defendant placed his indorsement is a promissory note, draft or bill of exchange, and the notice was given him of its dishonor, the principle of Merritt v. Todd (23 N. Y., 28,) would justify the court in holding that the defendant placed his name upon a lasting security, and was therefore liable.
That case was not followed in Howland v. Edmonds, (24 N. Y., 307,) nor was it anywhere referred to in the opinion of the court, either in the Court of Appeals, or in the opinions delivered in the General Term in this district. (33 Barb., 433, S. C.)
Merritt v. Todd has…
2Cases cited7 opinions
- Wheeler v. . WarnerNew York Court of Appeals · 1872
- Merritt v. . ToddNew York Court of Appeals · 1861
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Sands v. St. JohnNew York Supreme Court · 1862
- Hirst v. BrooksNew York Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First National Bank v. ClarkNew York Supreme Court · 1886