Legal Opinion

Crocker v. Crane

New York Supreme Court

Decided May 15, 1839PublishedCited by 35 opinions

This Was an action of nSsúmpsit, tried at the Chautauqua circuit in. July, 1837, before the Eton. Addison Gardiner, then one of the circuit judges. The suit was brought on a check drawn by thé defendant) in July, 1836, on the Commercial Bank of Buffalo, for $2002, payable to the order of John Z. Saxton, and endorsed by. him and five other persons.

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This Was an action of nSsúmpsit, tried at the Chautauqua circuit in. July, 1837, before the Eton. Addison Gardiner, then one of the circuit judges. The suit was brought on a check drawn by thé defendant) in July, 1836, on the Commercial Bank of Buffalo, for $2002, payable to the order of John Z. Saxton, and endorsed by. him and five other persons. On the trial of the cause a certificate of a notary was produced, stating, that on 12th October, 1836, the check was presented at the bank for payment, payment refused, and notice of non-payment sent by mail to the drawer and endorsers at Fredoni'a.…

1Opinion of the Court

Points made and argued on the part of the defendant i I. The plaintiffs should have been nonsuited : 1. For the variance between the bill of particulars and the proof in' respect to the number of endorsers; and 2. For want of evidence that the notice of protest was sent to the place of residence of the defendant.

II. The act of 1832, by its own terms, became void, iff consequence of the construction of the road not being coim menced within four years. The act of 1836 does not profess to revive it, and therefore it was not -revived: consequently, the whole transaction of July, 1886, was without…

2Cases cited3 opinions

  1. People ex rel. Case v. CollinsNew York Supreme Court · 1837
  2. Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
  3. Walker v. DevereauxNew York Court of Chancery · 1833

3Cited by35 opinions

  1. The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
  2. Carroll v. AlsupTennessee Supreme Court · 1901
  3. Doughty v. HopeNew York Supreme Court · 1846
  4. Gibbons v. Mobile & Great Northern RailroadSupreme Court of Alabama · 1860
  5. Pittsburgh, Wheeling & Kentucky R. R. v. ApplegateWest Virginia Supreme Court · 1882

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