Ogilby v. Wallace
The Superior Court of New York City
Assumpsit upon a promissory note for 500 dollars, drawn by the defendant in favor of Henry Butler & Co., and payable to their order, ninety days after date, and endorsed by them in blank. The cause was tried before Mr. Justice Hoffman; and at the trial the plaintiff’s counsel having produced the note, and proved the handwriting of the maker and endorsers, rested his cause.
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Assumpsit upon a promissory note for 500 dollars, drawn by the defendant in favor of Henry Butler & Co., and payable to their order, ninety days after date, and endorsed by them in blank. The cause was tried before Mr. Justice Hoffman; and at the trial the plaintiff’s counsel having produced the note, and proved the handwriting of the maker and endorsers, rested his cause. The defendant thereupon called a witness, who testified, that Samuel B. Hickox, one of the firm of Henry Butler & Co., agreed with the defendant, that, if he would make the note in question, he, (Hickox,) would cause it to…
1Opinion of the CourtOakley, J.
It is sufficiently shown in this case, that the note on which the suit is brought was the property of Ash, and that it was sued in the name of the plaintiff) as his trustee, and for his benefit. The plaintiff’s attorney was called as a witness; and from his evidence, there was good reason to believe that the plaintiff is a fictitious person. The Judge required further evidence as to who he was, with a view, I presume, to ascertain whether he was or was not a real person, and none being given, he directed a nonsuit. It is now moved to set this nonsuit aside.
It seems to be settled, that where a…
2Cited by1 opinion
- Pearce v. AustinSupreme Court of Pennsylvania · 1839