Bowen v. . Newell
New York Court of Appeals
This was an action brought in the superior court of the city of New York by the plaintiffs as holders, against the defendants Searls as drawers and defendant Newell as endorser of an instrument of which the following is a copy: “ |2,000-00. “ New York, October 5th, 1849. “ Cashier of Thomson Bank— “ pay Zenas Newell or order two thousand dollars on the 12th inst. (Signed,) “ B. Searls & Son. (Endorsed,) “ Zenas Newell.”
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This was an action brought in the superior court of the city of New York by the plaintiffs as holders, against the defendants Searls as drawers and defendant Newell as endorser of an instrument of which the following is a copy: “ |2,000-00. “ New York, October 5th, 1849. “ Cashier of Thomson Bank— “ pay Zenas Newell or order two thousand dollars on the 12th inst. (Signed,) “ B. Searls & Son. (Endorsed,) “ Zenas Newell.” The Thomson Bank was an incorporated bank at Thomson, in the state of Connecticut. The drawers and endorsers of the draft lived in New York, and it was negotiated by the…
1Opinion of the CourtJohnson, J.
The main question in this case is, whether an instrument in the following form is or is not entitled to days of grace:
“ New York, October 5, 1849.
“ Cashier of Thomson Bank, pay Zenas Newell or order two thousand dollars on the 12th inst.,
(Signed,) “ B. SEARLS & Co. (Endorsed,) “ ZENAS NEWELL.”
The Thomson Bank is in Connecticut. Whether days of grace are to be allowed upon this instrument does not depend upon its being drawn upon a bank, for in that case the rule would be general, and deny grace to all bills drawn upon banks. The contrary was adjudged in respect to a bill drawn at sixty days…
2Cases cited2 opinions
- Mohawk Bank v. BroderickCourt for the Trial of Impeachments and Correction of Errors · 1834
- In re BrownU.S. Circuit Court for the District of Massachusetts · 1843
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- World Exchange Bank v. Commercial Casualty InsuranceNew York Court of Appeals · 1930
- People v. KempMichigan Supreme Court · 1889
- Theo. Ollesheimer & Bro. v. FoleyCourt of Appeals of Texas · 1906
- Harrison v. Nicollet National BankSupreme Court of Minnesota · 1889
- City of Elizabeth v. ForceSupreme Court of New Jersey · 1878
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