Bruen v. Marquand
New York Supreme Court
THIS was an action of assumpsit, brought by the plaintiff, as holder of a promissory note, against the defendant, as en-dorsor. The defendant pleaded non-as sum.]) sit, and gave notice of a set-off. The cause was tried at the New-York Sittings, on the 28th of November, 1818, before the late chief justice. The note was dated April 6th, 1816, drawn by Shelton & Beach, for 500 dollars, payable to the defendant, sixty days after date, and endorsed by him.
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THIS was an action of assumpsit, brought by the plaintiff, as holder of a promissory note, against the defendant, as en-dorsor. The defendant pleaded non-as sum.]) sit, and gave notice of a set-off. The cause was tried at the New-York Sittings, on the 28th of November, 1818, before the late chief justice. The note was dated April 6th, 1816, drawn by Shelton & Beach, for 500 dollars, payable to the defendant, sixty days after date, and endorsed by him. It appeared that M. Brum &f Sons were second endorsors, and that the note had been discounted at the City Bank, and passed to the credit of…
1Opinion of the CourtVan Mess, J.
The assignment must be construed with reference to the schedule, and, taking both into consideration, there can be no doubt that G. W. Brum executed it in behalf of the firm, of which he was a member. He had no private demand of his own against Shelton & Beach, and the only debt against them in which he was interested was the note in question, of which the firm were the holders. The schedule specifies a note of 500 dollars, endorsed by the defendant, and negotiated to the firm, which, no doubt, and so the jury has found, is the note in question. To this may be added the Heceipt, by the firm,…
2Cited by7 opinions
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- Howard National Bank & Trust Co. v. NewmanSupreme Court of Vermont · 1947
- Morse v. BellowsSuperior Court of New Hampshire · 1835
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