S. & M. Allen v. Merchants Bank
New York Supreme Court
Error from the superior court of the city of New-York. This was an action of assumpsit, brought to recover the amount of a bill'of exchange, drawn in New-York on a mercantile house in Philadelphia, and deposited by the plaintiffs with the Merchants bank for collection, which was lost to the plaintiffs in consequence of the omission to have the bill protested for non-acceptance, and notice thereof given to the endorsers.
Read the full summary
Error from the superior court of the city of New-York. This was an action of assumpsit, brought to recover the amount of a bill'of exchange, drawn in New-York on a mercantile house in Philadelphia, and deposited by the plaintiffs with the Merchants bank for collection, which was lost to the plaintiffs in consequence of the omission to have the bill protested for non-acceptance, and notice thereof given to the endorsers. On 26th June, 1830, F. I. Spooner, at'the city of New-York, drew a bill of exchange on Messrs. Boiler & Baker, of Philadelphia, for $600, payable five days after date to his…
1Opinion of the Court
By the Court,
Nelson, J.
The plaintiffs in error claim a reversal of the judgment below upon two grounds: 1. That the bill of exchange, being deposited with the defendants and received by them for collection, they thereby assumed the duty of protesting and giving notice of its dishonor; and 2. That a general understanding in the mercantile community, in re.spect to a particular branch of mercantile business, constitutes a commercial usage, and ought to be enforced as a rule of -action between parties engaged therein, when, one party has *487acted upon the faith of it, and the other has given no…
2Cases cited2 opinions
- McKinster v. Bank of UticaNew York Supreme Court · 1832
- Smith v. WrightNew York Supreme Court · 1803
3Cited by12 opinions
- Le Marchant v. . MooreNew York Court of Appeals · 1896
- North v. JoslinMichigan Supreme Court · 1886
- Ætna Insurance v. Alton City BankIllinois Supreme Court · 1861
- Stacy v. Dane County BankWisconsin Supreme Court · 1860
- Power v. First Nat. BankMontana Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.