Legal Opinion

Mobley v. Clark

New York Supreme Court

Decided September 20, 1858PublishedCited by 3 opinions

APPEAL from, a judgment entered at a special term, after a trial at the circuit. Mobley, the plaintiff in this cause, holding a protested draft of the Mississippi Mining and Manufacturing Company, drawn at Mineral Point, Wisconsin, by the agent there of the company, upon the company in the city of New York, for about the sum of $1300, made an arrangement with the agent in Wisconsin, by which the agent was to draw another draft on the company in New York for the same amount.

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APPEAL from, a judgment entered at a special term, after a trial at the circuit. Mobley, the plaintiff in this cause, holding a protested draft of the Mississippi Mining and Manufacturing Company, drawn at Mineral Point, Wisconsin, by the agent there of the company, upon the company in the city of New York, for about the sum of $1300, made an arrangement with the agent in Wisconsin, by which the agent was to draw another draft on the company in New York for the same amount. This was done under the expectation that the new draft would be paid) as it was supposed that the company was coming up.…

1Opinion of the Court

By the Court, Davies, P. J.

It is difficult to perceive upon what ground the plaintiff can recover in this case. This draft was given as a convenient method to obtain payment of an existing debt of this corporation. The plaintiff parted with nothing on the faith of it, and is in the same position now, as he was before he received it. That a draft drawn under such circumstances, and for such a purpose, need not be presented for payment and demand made, is settled by the court of appeals in Fairchild v. Ogdensburgh Rail Road Co., (15 N. Y. Rep. 337.) Denio, O. J., there says : "The paper which…

2Cases cited1 opinion

  1. Fairchild v. . the Ogdensburgh, Clayton and Rome R.R. Co.New York Court of Appeals · 1857

3Cited by3 opinions

  1. Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868
  2. Western Mining Co. v. TooleArizona Supreme Court · 1886
  3. Union Bank v. RawlingsTennessee Supreme Court · 1877

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