Brown v. Taber
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit, before the Hon William A. Duer, then one of the circuit judges. The plaintiff claimed to recover as the endorsee of a note for $115, bearing, date 21st April, 1828, payable at the Mechanics’ and Farmers’ Bank in sixty days, made by one Groat to the defendant, and endorsed by him.
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This was an action of assumpsit, tried at the Albany circuit, before the Hon William A. Duer, then one of the circuit judges. The plaintiff claimed to recover as the endorsee of a note for $115, bearing, date 21st April, 1828, payable at the Mechanics’ and Farmers’ Bank in sixty days, made by one Groat to the defendant, and endorsed by him. The note was endorsed for the accommodation of Groat, to enable him to redeem the property of one of his neighbors taken in execution ; it was offered for discount at the bank by a son of the defendant, and on the bank refusing to discount it, it was rer…
1Opinion of the Court
By the Court,
Marcy, J.
Groat, by putting the note in circulation, acted in bad faith towards the endorser; and if the person who received it of him knew the circumstances under which it was passed, or is to be considered chargeable with notice, the plaintiff cannot recover. It is not pretended that the clerk of the plaintiff who received the note had actual knowledge of the misappropriation of it; but it is insisted by the defendant that he knew such facts and circumstances as should have put him on enquiry.
The verdict was taken subject to the opinion of the court upon the facts of the case;…
2Cited by15 opinions
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- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Bell v. ShibleyNew York Supreme Court · 1861
- Armstrong v. CookIndiana Supreme Court · 1868
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