Reports of Cases Argued and Determined in the Supreme Court of the District of Columbia (Volume 8); (General Term, ) at the April and September Terms of 1873 [To the September Term, 1879, Inclusive] (Paperback)

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. 1875. Excerpt: ... Talty vs. Freedmsn's Trust Co. STEPHEN TALTY vs. FREEDMAN'S TRUST COMPANY. At Law.--No. 9470. I. A claim against the late corporation of Washington, commonly called a voucher, consisting of a hill for work performed hy plaintiff for the corporation, together with certiticat.es of the proper officers that it was duly approved and allowed for the sum of $6,096.75, is not strictly a commercial instrument; hut where it has heen indorsed in blank by the plaintiff and delivered to a broker as security to raise money, and no mark put on it to designate a wish to control it, or to restrict the indorsement, and as paper of this kind is extensively used for the purpose of borrowing money: Held, that the plaintiff could not maintain replevin to recover the voucher from an innocent bona-fide holder for a valuable consideration, without tendering him the amount paid therefor. II. Where the plaintiff made his promissory note for $3,000, payable to his own order, and indorsed it and delivered it to a broker to get discounted. giving him the voucher as security, and the note was discounted and the proceeds paid plaintiff, and the broker claimed that the voucher was given upon an agreement that he might sell and dispose of it at any time for 90 cents on the dollar, and the plaintiff claimed that he was not to sell it until after maturity and non-payment of the note, and the broker sold it to the defendant before such maturity, for a valuable consideration, and without any notice or knowledge of such arrangement: Held, upon this state of facts it was proper for the justice who tried the case below to instruct the jury to return a verdict for defendant, as there was no proof of tender before suit brought. STATEMENT OF THE CASE. This is an action of replevin to recover the p...