Cowdrey v. Vandenburgh - 101 U.S. 572 (1879)


U.S. Supreme Court

Cowdrey v. Vandenburgh, 101 U.S. 572 (1879)

Cowdrey v. Vandenburgh

101 U.S. 572

Syllabus

1. Except where the original owner of a non-negotiable demand which he has endorsed in blank is estopped from asserting his original claim thereto, the purchaser thereof from any party other than such owner takes only such rights as the latter has parted with.

2. Semble that if the pledgee of such a demand writes a formal assignment to himself over the blank endorsement made by the pledgeor, and in that form sells it to a third party for value, the pledgeor is, as against such third party, estopped from asserting ownership thereto.

This was a bill in equity, filed by J. W. V. Vandenburgh, H. L. Crawford, and L. S. Filbert, trading as J. W. V. Vandenburgh & Co., against Rudolph Blumenburgh, to compel the surrender of a certain certificate, of which the following is a copy:

Page 101 U. S. 573

"No. 4441] OFFICE OF AUDITOR, BOARD OF PUBLIC WORKS"

"WASHINGTON, D.C., Dec. 6, 1873"

"I hereby certify that I have this day audited and allowed the account of J. V. W. Vandenburgh & Co., for work on Columbia Street, amounting to eight thousand four hundred and fifty-one dollars and eighty-eight cents."

"$8,451.88."

"J. C. LAY, Auditor"

N. A. Cowdrey was subsequently made a party. A decree was rendered against him, from which he appealed to this Court.

The remaining facts are stated in the opinion of the Court.



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