This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863 edition. Excerpt: ...by delivery from hand to hand without other writing; that before its maturity it came lawfully into the possession of the plaintiff for value, and that he is the owner and holder. The defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. On ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863 edition. Excerpt: ...by delivery from hand to hand without other writing; that before its maturity it came lawfully into the possession of the plaintiff for value, and that he is the owner and holder. The defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. On motion at special term, judgment was rendered for the plaintiff, on account of the frivolousness of the demurrer, and the defendants have appealed from the judgment. Present, Ixgraham, P. J., Leonard and Clerke, JJ. Hubbard a. The New York and Harlem Railroad Company. The defendants insist that the alleged intent is inconsistent with the instrument itself, and cannot be the subject of proof. There are numerous authorities holding that the bond of a corporation, payable to an individual or bearer, is a negotiable instrument. The word bearer in such a case includes the holder, whoever he may be. I am not aware, however, of any decision that an obligation, payable as these are to an individual or bis assigns, has been holden to be negotiable by mere delivery. The averments of the complaint, however, take the case out of any difficulty on that subject. These bonds were left in blank, as to the payee, intentionally, so that they might be transferred by delivery. The intent was admitted by the demurrer. The plaintiff or any other lawful holder, by delivery or transfer, may now fill his own name into the blank as the payee. (Mitchel a. Culver, 7 Cow., 336; Boyd a. Brotherson, 10 Wend., 93; Ecp. Kerwin, 8 Cow., 118; Clute a. Small, 17 Wend, 238, 243.) The intent alleged appears to be in harmony with the instrument. It in no manner contradicts its tenor or effect. The defendants also insist that if the averment of intent be true, then the instrument...
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Add this copy of Abbott's Practice Cases, Volume 14 to cart. $64.86, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 2011 by Nabu Press.
