Davis v. Dayton — 56 N.Y. St. Rep. 601

Majority

p. 601

Eliphalet L. Davis, Resp’t, v. Ella V. A. Dayton et al., App’lts.

(New York City Court, General Term,

Filed December 6, 1893.)

Headnote

Bills and notes.

A bank check in the hands of a bona fide holder, who has paid full value therefor, is free from any and all equities between the original parties.

Appeal from judgment entered on a verdict directed in favor of plaintiff.

A. W. P. Seaman, for app’lts; Foley & Powell, for resp’t.

The action is on a bank check made by one defendant and indorsed by the other. It was dated February 13, 1893, and was two days afterwards delivered to the plaintiff by one Ward. The plaintiff paid full value therefor, and became a bona fide holder thereof, free of any and all equities, between the original parties. In the hands of the plaintiff, there was no defense, so that the evidence ruled out, would have been of no use to the defendants, if it had been admitted.

Ro'error was committed at the trial, and the judgment must be affirmed, with costs.

Rewburger and McCarthy, JJ., concur.