Tappan v. Ely
New York Supreme Court
Demurrer. The plaintiffs declared as the endorsees of two promissory notes made by the defendant, dated 20th April, 1828, payable to W.W.
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Demurrer. The plaintiffs declared as the endorsees of two promissory notes made by the defendant, dated 20th April, 1828, payable to W.W. Edwards & Co. or order, one in six moúths and the other in twelve months after date'. The defendant pleaded that, at the time of the making of the notes, there was a condition endorsed upon them to the effect, that they were to be delivered to the payees by A. H. Ely, ( a person different from the maker, whose name is Giles S. Ely,) as seenrity for accepting for A. H. Ely to the amount of the notes ; and if A. H. Ely should well and truly pay the money…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The replication is clearly good. It is true that in England an endorsement on the back of a promissory note has been considered part of the note itself—that the note was conditional, and therefore not negotiable under the statute, 4 Campb. 126 ; 4 Barn. Ald. 25 ; Chitty on Bills, 60; but in Sanders & Ogden v. Bacon, 8 Johns. R. 485, this court decided that the endorsement on the back of the note was no part of the note; that its only effect was to show the consideration, and to operate as a notice to any person who might purchase the note. If this court was correct…
2Cited by3 opinions
- Brown v. KelloggMassachusetts Supreme Judicial Court · 1902
- Barnard v. CushingMassachusetts Supreme Judicial Court · 1842
- United States v. VermilyeU.S. Circuit Court for the District of Southern New York · 1872