Cases of the Law of Bills And Notes Selected From Decisions of English And American Courts, By Howard L. Smith ... And Wm. Underhill Moore ..

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At the time of the transfer to the plaintiff the note had on it the following indorsement of Brown written above Bennet's indorsement : "For the purpose of making this note negotiable I indorse the same, payable to the order of Solomon Bennet, without recourse to me as indorser. James E. Brown." The referee found "that, at the time of such transfer to the plain- tiff, he knew nothing of any defense to the note" ; also, "that said plaintiff had notice, before he purchased the note, that the indo
...rse- ments made by the said Brown upon the note were made after it passed into the hands of Brown, with Bennet's indorsement upon it," and de- cided that the plaintiff could not recover.
Judgment was entered, upon the report of the referee, in favor of the defendant. Further facts appear in the opinion.^ Gro\'ER, J. The order of the General Term does not state that it was made upon any error of fact. It must, therefore, be assumed by this court that the judgment was reversed and a new trial granted up- on legal errors only.


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