Tradesmen's National Bank v. Curtis
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 30,1899, affirming a judgment in favor of defendants entered upon a verdict and an order denying, a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence introduced by the defendants does not establish that there was a conditional delivery of the drafts.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 30,1899, affirming a judgment in favor of defendants entered upon a verdict and an order denying, a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence introduced by the defendants does not establish that there was a conditional delivery of the drafts. (Abrey v. Cruk, L. R. [5 C. P.] 37; Pratt & Whitney Co. v. A. P. T. Co., 50 App. Div. 369 ; Brown v. Spofford, 95 U. S. 474; Mead v. Nat. Bank, 89 Hun,…
1Opinion of the Court
Parker, Ch. J.
The Natalie Anthracite Coal Company, desiring to secure good paper for discount and at the same time sell some coal, sought out the defendants, composing the firm of Curtis & Blaisdell, and through its Mr. Taylor entered into arrangements with them by which it promised to deliver different grades of coal at prices agreed upon within the period of four months. Thereupon a draft was drawn by the Natalie Anthracite Coal Company upon the defendants for three thousand dollars, payable four months after date, and indorsed by the Natalie Anthracite Coal Company, and across its face the…
2Cases cited1 opinion
- Davis v. . McCreadyNew York Court of Appeals · 1858
3Cited by27 opinions
- Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
- Flood v. PetryCalifornia Supreme Court · 1913
- Moyses v. BellWashington Supreme Court · 1911
- National Bank of Watervliet v. MartinAppellate Division of the Supreme Court of the State of New York · 1922
- United States v. HansettCourt of Appeals for the Second Circuit · 1941
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