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15 Wend. 362

Tappan v. Ely

New York Supreme Court

Decided May 15, 1836

New York Supreme Court · decided 1836-05-15

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'.

Good law ✅— No negative treatment on recordhow we know

Decided 1836-05-15

How this case has been cited

Cited by 3 later decisions — most recently November 1902

2 state decisions

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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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¶1By the Court,

Savage, Ch. J.

¶2The 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 in saying that the endorsement is no part of the note itself, then the demurrer cannot be sustained, for the note on its face is perfect. No injury can accrue to the defendant, as *364he can maleé any defence which he could if the suit was bought jn the name of the payees.

¶3Judgment for plaintiff on demurrer; leave to rejoin on payment of costs.

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