Gough v. Staats
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in September, 1833, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs claimed to recover on three checks drawn by one Thomas Hurst, on the Mechanics’ and Farmer’s Bank in the city of Albany, endorsed by the defendant, and negotiated by Hurst to the plaintiffs.
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This was an action of assumpsit, tried at the Albany circuit in September, 1833, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs claimed to recover on three checks drawn by one Thomas Hurst, on the Mechanics’ and Farmer’s Bank in the city of Albany, endorsed by the defendant, and negotiated by Hurst to the plaintiffs. One check was for $100, and bore date on the 4th August, 1832; the second, for a like sum, bore date on the 10th August, 1832 ; and the third, for $50, bore date on the 11th August, 1832—each of them payable to bearer. The checks were endorsed by the…
1Opinion of the Court
By the Court,
Sutherland, J.
The question involved in this case has been so recently under the consideration of the court, in the case of The Mohawk Bank v. Broderick & Powell, 10 Wendell, 304,* that I deem it unnecessary to do any thing more than refer to the leading principles which are there established. The principal authorities are there collected and considered. The check on which that suit was brought was drawn by one Le Breton, on the Mechanics’ and Farmers’ Bank in the city of Albany, payable to the order of the defendants, and bore date the 14th January, 1830. It was drawn previous to…
2Cases cited2 opinions
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Lovett v. CornwellNew York Supreme Court · 1831
3Cited by12 opinions
- Cowing v. . AltmanNew York Court of Appeals · 1877
- Smith v. JanesNew York Supreme Court · 1838
- First National Bank v. MillerNebraska Supreme Court · 1893
- Dyas v. HansonMissouri Court of Appeals · 1883
- Daniels v. Kyle & BarnettSupreme Court of Georgia · 1846
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