Cock v. Fellows

Decided February 15, 1806

New York Supreme Court · decided 1806-02-15

FROM the return to the certiorari in this cause, it appeared that an action had been brought by the defendant in 1 _ ° J error, against the present plaintiff, before a justice of the peace, in which he declared on a writing or note, in the following words, “Due the bearer hereof / 3, 18, 10, .... . ** which I promise to pay to Abraham Thompson, or order, on demand, as witness my hand, this 22d 11th month, 1803signed, Jordan Cock.

Good law ✅— No negative treatment on recordhow we know

Decided 1806-02-15

How this case has been cited

Cited by 8 later decisions — most recently March 1900

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The word bearer has reference to Thompson as the payee, and as the promise is expressly to pay to him or order, another person could not maintain an action on the note without his indorsement. The judgment below must be reversed.

¶2Judgment reversed.-