Watson's Executors v. McLaren
New York Supreme Court
Error from the supreme court of the city of New York. jytcLaren brought an action of assumpsit against Joseph Watson. The declaration contained numerous special counts and also the common money counts.
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Error from the supreme court of the city of New York. jytcLaren brought an action of assumpsit against Joseph Watson. The declaration contained numerous special counts and also the common money counts. In the fourth count the plaintiff alleged that on the 28th April 1828, he being the owner and holder of a promissory note, beáring date on that day, whereby William A. Blackney and Edgar C. Blackney, jointly and severally sixty days after the date thereof, promised to pay to the order of William Watson $300 for value received, which note it was alleged had been endorsed in blank by the payee,…
1Opinion of the Court
By the Court,
Cowen, J.
I am at a loss to conceive on what ground Frye could have been rejected as a witness interested to sustain the plaintiffs claim. The latter took the note and guaranty in question at his own risk without fraud ; and the guaranty of Frye had been delivered up and cancelled. This restored his competency. A transfer at the risk of the maker’s solvency, or, which means the same thing, to be collected at the holder’s own risk, still leaves the implied warranty that the note is genuine. Herrick v. Whitney, 15 Johns. R. 240, and vid. id. 241, note (a.) Shaver v. Ehle, 16 Johns.…
2Cases cited11 opinions
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- Allen v. RightmereNew York Supreme Court · 1823
- Breed v. HillhouseSupreme Court of Connecticut · 1829
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- Taylor v. BinneyMassachusetts Supreme Judicial Court · 1811
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3Cited by65 opinions
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