Todd v. Crookshanks
3 Johns. 432 | N.Y. Sup. Ct. | 1808
There was no foundation for the action below. After the note was paid, and a receipt in full given, by one of the payees, it was completely discharged, so as to be of no value. The note did not belong to the plaintiff, and it might be useful to Todd, the other payee, who was a co-executor, to show that he had not received the money. An action of trover will lie for a note in the hands of a third person ; but such an action as this was never before brought.
Judgment reversed.