Clothier v. . Adriance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming judgment in favor of plaintiff, entered upon the report of a referee. The action was brought to compel the cancellation of certain indorsements made by plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming judgment in favor of plaintiff, entered upon the report of a referee. The action was brought to compel the cancellation of certain indorsements made by plaintiff. In the summer of 1866 the defendants, as copartners, sole and delivered to one William H. Bennett, on credit, certain mowing machines, and a settlement of the account was had between defendants and Bennett on the 31st of October, 1866, at which time he gave defendants his three several promissory notes, dated 31st October, 1866,…
1Opinion of the Court
Hunt, C.
It is well said, in the opinion of the court below, that the question before us is the same as it would have been if Adriance & Co. had sued Clothier upon his indorsement of the notes in question. The point would be presented more simply in such a suit, but it would be the same point. In such an action the prima facies would be against Adriance & Co. Where a note is made payable to the order of Adriance & Co., indorsed by them and subsequently indorsed by Clothier, the presumption of law is that the indorsement of Adriance was intended to precede that of Clothier. (Bacon v. Burnham,…
2Cases cited4 opinions
- Moore v. . CrossNew York Court of Appeals · 1859
- Brown v. . LeavittNew York Court of Appeals · 1865
- Pratt v. . ComanNew York Court of Appeals · 1868
- Day v. SaundersNew York Court of Appeals · 1867
3Cited by6 opinions
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Green v. WilkieSupreme Court of Iowa · 1896
- Witherow v. . SlaybackNew York Court of Appeals · 1899
- Bacon v. HeywoodThe Superior Court of the City of New York and Buffalo · 1895
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