Casey v. Stewart — 62 N.Y. St. Rep. 768

Majority

p. 768

Richard H. Casey, App’lt, v. Walter H. Stewart et al., Impleaded, etc., Resp’ts.

(New York City Court, General Term,

Filed October 23, 1894.)

Headnote

Bills and notes—Indorser.

The payee of a note must, before he can recover thereon against an indorser, overcome the presumption that he was intended to be the first indorser.

p. 769

Appeal from a judgment dismissing the complaint.

P. Chauncey Anderson, for app’lt; William Erbie, for resp’t Stewart; James Flynn, for resp’t Payne.

The action was upon a promissory note made by the Cosmopolitan Club to the order of the plaintiff, and indorsed by the defendants. The note, upon its face, imported that the plaintiff was the payee, and presumptively was to become the first indorser. In order to overcome that presumption, and make the defendants first indorsers, it was necessary to show that they indorsed the note under circumstances which negatived the legal presumption. This he failed to do, and the trial judge properly dismissed the complaint. We find no error requiring anew trial, and the judgment must be affirmed, with costs.

All concur.