Aymar v. Sheldon
New York Supreme Court
Error from the superior court of the city of New York. Sheldon and others, as endorsees, brought a suit against B. & I, Q,. Aymar, as endorsers of a bill of exchange, bearing date 4th June, 1830, drawn by Y. Cassaigne & Co. ,8t. Pierre, at Martinique, on L’Hotelier Freres, at Bordeaux in France, for 4000 francs, payable at 24 days sight, to the order of B. Aymar & Co., the name of the firm of B. & I. Q. Aymar.
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Error from the superior court of the city of New York. Sheldon and others, as endorsees, brought a suit against B. & I, Q,. Aymar, as endorsers of a bill of exchange, bearing date 4th June, 1830, drawn by Y. Cassaigne & Co. ,8t. Pierre, at Martinique, on L’Hotelier Freres, at Bordeaux in France, for 4000 francs, payable at 24 days sight, to the order of B. Aymar & Co., the name of the firm of B. & I. Q. Aymar. The plaintiffs set forth the endorsement of the bill of exchange at the city of New York, where, they averred, that they and the defendants, all being citizens of the United States at…
1Opinion of the Court
*442 By the Court,
Nelson J.
The only material question ari-s¡ng }n this case is, whether the steps necessary on the part of the holders of the bill of exchange in question, to subject the enc¡orsers upon default of the drawees to accept, must be determined by the French law, or the law of this state? If by our law, the plaintiffs below are entitled to retain the judgment ; if by the law of France, as set out and admitted in the pleadings, the judgment must be reversed.
We have not been referred to any case, nor have any been found in our researches, in which the point now presented has been…
2Cases cited3 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Slacum v. PomerySupreme Court of the United States · 1810
- Van Raugh v. Van ArsdalnNew York Supreme Court · 1805
3Cited by27 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Hunt v. StandartIndiana Supreme Court · 1860
- Faulkner v. . HartNew York Court of Appeals · 1880
- Spies v. . National City BankNew York Court of Appeals · 1903
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