American Boiler Co. v. Fontham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles F. Fontham, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of March, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 16th day of March, 1898, and entered in said clerk’s office, denying the defendant’s motion for a new trial made- upon the minutes.
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Appeal by the defendant, Charles F. Fontham, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of March, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 16th day of March, 1898, and entered in said clerk’s office, denying the defendant’s motion for a new trial made- upon the minutes. The action was brought to recover upon the following instrument: “New York, July 20, 1895. “ Charles F. Fontham, “ 105 West 95th St., City: “ Dear Sir.— Please…
1Opinion of the Court
Van Brunt, P. J.:
We think that the learned court below erred in treating the paper referred to in the complaint as an accepted bill of exchange. It had none of the elements of a bill of exchange, and showed upon its face that it was a mere order to pay money out of the sums which *296might become due to the drawer of the order on á-heating contract which lie had with the acceptor of the order. This evidently was ■ the theory upon which the action was brought, the plaintiff having alleged that moneys had become due under the contract, and that the order was drawn.against the same and accepted by…
2Cases cited1 opinion
- Gibson v. . LenaneNew York Court of Appeals · 1883
3Cited by3 opinions
- Fulton v. VarneyAppellate Division of the Supreme Court of the State of New York · 1907
- Thoreson v. New York State RailwaysNew York Supreme Court · 1916
- Public National Bank & Trust Co. v. Garcia Sugars Corp.New York Supreme Court · 1939