Phelps v. Borland
New York Supreme Court
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
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Phillips v. SolomonSupreme Court of Georgia · 1871
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Brown v. WilliamsNew York Supreme Court · 1830
- Vose v. . the Florida Railroad CompanyNew York Court of Appeals · 1872
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