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11 N.Y. 27

Waggoner v. Colvin

New York Supreme Court

Decided October 15, 1833

New York Supreme Court · decided 1833-10-15

Demurrer to plea. The plaintiff declared as the endorsee of a promissory ' note against his immediate endorser. The defendant pleaded, that before the commencement of the suit, *to wit, on, <fcc at, &c. the plaintiff endorsed the note to J. Stilwell and two other persons, and delivered the note to them, who from that time, were the true and lawful owners and, possessors of the note. To this plea the plaintiff demurred.

Cited by 1 later decisions — most recently January 1888

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1833-10-15

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¶1By the Court,

Sutherland, J.

¶2The plea is good. It shows the legal title of the note to have been transferred by endorsement to Stilwell and the other persons named in the plea. If the suit was brought by them in the name of the plaintiff, or for their benefit, that fact should be replied, and it will be a good answer to the plea. 15 Johns. Rep. 247. 20 id. 367. 7 Cowen, 176.

¶3Judgment for defendant.

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