Townsend v. Billinge

Decided June 15, 1857

New York Court of Common Pleas · decided 1857-06-15

The action was brought on a check, alleged to have been drawn by defendants under their firm-name of Billinge & Jones, on tbe Importers’ and Traders’ Bank, for $400, wbicb was averred to have been “ duly delivered ” to plaintiff before maturity, and to have been presented at maturity, but payment refused,-of wbicb defendants bad due notice. Billinge alone was served with process.

Decided 1857-06-15

Daly, J. —

¶1The check was payable to bearer, and was therefore transferable by delivery. The answer merely averred that the plaintiff was not the lawful holder or owner, and the production of the check upon the trial, in the possession of the plaintiff, was prima facie evidence of transfer and title. It was proved that the check was signed on the 6th of Nov., 1856, and admitted by the answer that the defendants were then partners.

¶2The plaintiff was entitled to recover, and the judgment should be affirmed. James v. Chalmers, 2 Selden, 209 and 214.

¶3Judgment affirmed.