Shultz v. Depuy
The Superior Court of New York City
Demurrer to complaint. This action was brought by Charles Shultz against Jacob Depuy, as the drawer of a check upon the Hew York County Bank, payable to the plaintiff or bearer, for one hundred and twenty-nine dollars. The complaint averred that the check had been delivered to the plaintiff for value, and that its payment had been demanded at the bank, but it had not been paid.
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Demurrer to complaint. This action was brought by Charles Shultz against Jacob Depuy, as the drawer of a check upon the Hew York County Bank, payable to the plaintiff or bearer, for one hundred and twenty-nine dollars. The complaint averred that the check had been delivered to the plaintiff for value, and that its payment had been demanded at the bank, but it had not been paid. There was, however, no averment that notice of this demand and nonpayment had been given to the defendant, nor of any facts «excusing notice.
1Opinion of the CourtDuer, J.
The complaint cannot be sustained for the reason that it contains no averment of notice of demand and non-payment. Since the decision of the Supreme Court in Harker v. Anderson (21 Wend., 372), in which all the cases upon the subject were carefully reviewed, the law must be considered as settled, that the drawer of a bank check is as fully entitled to notice of its dishonor as the drawer of an ordinary bill of exchange. The decision rendered by this court in Cornwall v. Lewis (1 Hall, 69), has sometimes been erroneously cited as supporting an opposite doctrine. That decision rested entirely…
2Cases cited2 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Cromwell v. LovettThe Superior Court of New York City · 1828
3Cited by6 opinions
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Lumbert & Co. v. PalmerSupreme Court of Iowa · 1870
- St. Louis National Bank v. FlanaganSupreme Court of Missouri · 1895
- Dowling v. HuntArizona Supreme Court · 1885
- Clift v. RodgerNew York Supreme Court · 1881
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