Harker v. Anderson
New York Supreme Court
Error from the New York common pleas. Anderson sued Harker on a check drawn by the latter on the Lafayette Bank for $140, dated 10th August, 1835, payable to bearer. He proved the presentment of the check at the bank and the non-payment thereof. This suit was commenced on the 12th August, 1835. The plaintiff having rested on the above proof, the defendant moved for a nonsuit on the ground of want of notice of the non-payment of the check.
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Error from the New York common pleas. Anderson sued Harker on a check drawn by the latter on the Lafayette Bank for $140, dated 10th August, 1835, payable to bearer. He proved the presentment of the check at the bank and the non-payment thereof. This suit was commenced on the 12th August, 1835. The plaintiff having rested on the above proof, the defendant moved for a nonsuit on the ground of want of notice of the non-payment of the check. The presiding judge refused to grant the motion, and the jury, under his direction, found a verdict for the plaintiff. The defendant having excepted to the…
1Opinion of the Court
By the Court,
Cowejst, J.
A check is a bill of exchange payable on demand. First, it is a bill of exchange. In Boehm v. Sterling, 7 T. R. 419, 426, Lord Kenyon said there is no difference between bankers’ checks and bills of .exchange, and,the same roles apply to- both. In Cruger v. Armstrong, 3 Johns. Cas. 5, 7, 8, Radcliff, J. said, “ It possesses all the requisites of a bill.” Kent, J. said, Checks are, substantially, the same as inland bills, payable to bearer.” In Merchants' Bank v. Spicer, 6 Wendell, 443, 445, Marcy, J. said, “ Checks are considered as having the character of inland bills…
2Cases cited11 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Haxton v. BishopNew York Supreme Court · 1829
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Cromwell v. LovettThe Superior Court of New York City · 1828
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Bickford v. First National BankIllinois Supreme Court · 1866
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- Griffin v. KempIndiana Supreme Court · 1874
41 more not listed; retrieve them via the Exa API.