Legal Opinion

Phelps v. Borland

New York Supreme Court

Decided August 15, 1883No. 1Published

Motion for a new trial upon exceptions, ordered to be heard in the first instance at the General Term, after a verdict had been directed in favor of the plaintiffs. The action was brought against the defendant, as drawer of a bill of exchange for £1,500 upon the firm of Samuel Johnston & Co., of Liverpool, which the plaintiffs discounted.

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Motion for a new trial upon exceptions, ordered to be heard in the first instance at the General Term, after a verdict had been directed in favor of the plaintiffs. The action was brought against the defendant, as drawer of a bill of exchange for £1,500 upon the firm of Samuel Johnston & Co., of Liverpool, which the plaintiffs discounted. The answer set forth the defense that the bill was drawn by the defendant in a representative capacity, as agent for said Samuel Johnston & Co., on their behalf and in their business; that it was discounted on their credit alone, and that the defendant had…

1Opinion of the Court

Daniels, J.:

The action was brought to recover the amount of a bill of exchange drawn by the -defendant, resident in the city of New York, upon Samuel Johnston & Co., of Liverpool, for the sum of £1,500, and made payable in London.

The bill was protested for non-acceptance, and upon trial of the *364action the defendant was held liable as ¿he drawer. It was in the following form:

New York, June 6, 1879.

Sixty days after sight of this first of exchange (second and third of same tenor and date being unpaid)- pay to my order the sum of fifteen hundred pounds sterling, value received, and charge to…

2Cases cited9 opinions

  1. Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
  2. Phillips v. SolomonSupreme Court of Georgia · 1871
  3. Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
  4. Brown v. WilliamsNew York Supreme Court · 1830
  5. Vose v. . the Florida Railroad CompanyNew York Court of Appeals · 1872

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