Majority
p. 130Manheimer v. Levy. (City Court of New York, Special Term. December 18,1888.)
Headnote
Assignment—Op Non-Negotiable Note—Indobsement and Deliveby.An allegation in a complaint by the assignee of a non-negotiable note that the payee indorsed and delivered the note to plaintiff, is a sufficient averment of a transfer of title to the note, as a chose in action is transferable by delivery without any formal assignment.
On demurrer to complaint in an action by Samuel Manheimer against Louis Levy on a non-negotiable note.
David Tim, for plaintiff. Julius Levy, for defendant.
The note sued on is non-negotiable, and the question is whether, in an action brought by a stranger to the note, an allegation that
p. 131
the payee indorsed and delivered the note, etc., is a sufficient averment of transfer of title to the person to whom the delivery was made. The title to ,a non-negotiable instrument will pass by delivery, and without indorsement, (Loftus v. Clark, 1 Hilt. 310,) and without any formal assignment, (Hastings v. McKinley, 1 E. D. Smith, 273.) The indorsement of a non-negotiable instrument is a good equitable assignment. Lenx v. Jansen, 18 How. Pr. 265 . The court of appeals has held that an allegation that a non-negotiable instrument was indorsed and delivered was sufficient to admit evidence that the note was duly assigned by the payee. Brown v. Richardson, 20 N. Y. 472 . The obligation is at most a mere chose in action, and title thereto passes by delivery, if such was the intention of the parties, and the complaint sufficiently alleges a valid transfer under the authorities. The motion for judgment on the demurrer was properly granted, and the motion for a reargument must be denied.
Cases cited
- Loftus v. Clark 1 Hilt. 310 p. 131
- Lenx v. Jansen 18 How. Pr. 265 p. 131
- Brown v. Richardson 20 N. Y. 472 p. 131