Thompson v. Sloan
New York Supreme Court
This was an action of assumpsit, tried at the Erie circuit, in January, 1839, before the Hon. Nathan Dayton, one of the circuit judges. The suit was brought on a note made and dated at Buffalo, in this state, on the 8th July, 1836, for $>2500, payable twelve months after date, at the Commercial 'Bank in Buffalo, in Canada money.
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This was an action of assumpsit, tried at the Erie circuit, in January, 1839, before the Hon. Nathan Dayton, one of the circuit judges. The suit was brought on a note made and dated at Buffalo, in this state, on the 8th July, 1836, for $>2500, payable twelve months after date, at the Commercial 'Bank in Buffalo, in Canada money. The note was made by James Sloan and John Wilkeson, payable to the order of Johnson, Hodge & Co., which firm was composed of E. Johnson P. Hodge and M. P. Johnson; by the latter of whom the note was endorsed in the name of the firm. The suit was brought against the…
1Opinion of the CourtCowen, J.
By the Court, A promissory note must, in order to come within the statute, like a bill of exchange, be payable in money only, in current specie; Bayl. on Bills, 10 Am. ed. of 1836 ; Ex parte Imeson, 2 Rose, 225 ; or at least in what we can judicially notice as equivalent to money. Accordingly a note payable in bills of country banks, Jones v. Fales, 4 Mass. R. 245, in Pennsylvania or New-York paper currency, current in Pennsylvania or New-York, Leiber v. Goodrich, 5 Cowen, 186, in notes of the chartered banks of Pennsylvania, though the note was made and payable in the state of Pennsylvania,…
2Cases cited5 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Creery v. HollyNew York Supreme Court · 1835
- Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
- M'Cormick v. TrotterSupreme Court of Pennsylvania · 1823
3Cited by19 opinions
- Pardee v. . FishNew York Court of Appeals · 1875
- Black v. WardMichigan Supreme Court · 1873
- Hegeler v. ComstockSouth Dakota Supreme Court · 1890
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Roberts v. ShortTexas Supreme Court · 1846
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