Legal Opinion

Lewis v. Hojer

New York Court of Common Pleas

Decided December 7, 1891PublishedCited by 7 opinions

Appeal from trial term. Action by George Lewis and another against George W. Hojer to recover the amount of a draft accepted by defendant. From a judgment entered on the verdict of a jury, and from an order denying a motion for a new trial, plaintiffs appeal.

1Opinion of the CourtBischoff, J.

Wilt & De Milt, manufacturers of cigars, of Tallahassee, Fla., being at the time indebted to plaintiffs, who were engaged in business as bankers at the same place under the Arm name of B. 0. Lewis & Sons, on January 31,1884, made their draft on the defendant, of the city of New York, as drawee, payable 90 days after date, and delivered it to plaintiffs, upon the understanding that when accepted by the defendant the draft should be applied in extinguishment of the drawers’ existing indebtedness. Defendant at the time was not indebted to, nor did he hold any funds belonging to, the drawers, and…

2Cases cited10 opinions

  1. Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
  2. Shorter v. . the PeopleNew York Court of Appeals · 1849
  3. Carman v. . PultzNew York Court of Appeals · 1860
  4. Tracey v. . AltmyerNew York Court of Appeals · 1871
  5. Tobias v. . LissbergerNew York Court of Appeals · 1887

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3Cited by7 opinions

  1. Hawkins v. StuddardSupreme Court of Georgia · 1911
  2. Bowser v. AtkinsonMissouri Court of Appeals · 1912
  3. Binger Co. v. BlumbergAppellate Terms of the Supreme Court of New York · 1912
  4. Haskell v. Northern Adirondack RailroadNew York Supreme Court · 1893
  5. International Cheese Co. v. GarraAppellate Terms of the Supreme Court of New York · 1919

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