Otsego County Bank v. Warren
New York Supreme Court
This was a motion by the1 plaintiffs to set aside a verdict rendered at the circuit in favor of the defendant Russell Warren, and for a new trial, on a bill of exceptions.
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This was a motion by the1 plaintiffs to set aside a verdict rendered at the circuit in favor of the defendant Russell Warren, and for a new trial, on a bill of exceptions. The action was brought against the defendants as indorsers of the following bill of exchange: “ $1000. Otsego, Nov. 20,1849. Ninety days after date, pay to the order of Cyrenus Warren, Esq., ten hundred dollars, value received, which place to account of Warren, Clark &■ Co. To Warren, Clark & Co., 263 Washington street, N. Y.” (Indorsed) “ Cyrenus Warren, Cooperstown, N. Y. Russell L. Warren, Cooperstown, N. Y.” (Written…
1Opinion of the CourtBacon, J.
This cause, it appears, has been twice tried at the Otsego circuit, presenting on the last trial some features which did not exist, or were not made to appear, on the first. Oh the first trial,'which occurred in September, 1851, the rulings on the only two points to which exceptions were taken, were in favor of the'plaintiffs. The first was in regard to the sufficiency of the certificate of the notary, to prove a due presentment for payment, of the draft on which the suit is brought. The bill was drawn on a firm in the city of ¡New-York, and directed to them, by the name of Warren, Clark &…
2Cases cited4 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Tower v. DurellMassachusetts Supreme Judicial Court · 1812
- Suydam, Reed & Co. v. ClarkThe Superior Court of New York City · 1848
3Cited by3 opinions
- Gawtry v. DoaneNew York Supreme Court · 1866
- Wadley v. DavisNew York Supreme Court · 1872
- Delaware, Lackawanna & Western Railroad v. BurkhardNew York Supreme Court · 1885