Fish v. Jacobsohn
New York Court of Appeals
Appeal from judgment of Superior Court- of New York. The action was to recover the amount of a draft or check, drawn by defendant, as follows: “New York, March 16, 1859. “L. S. Lawrence & Co., bankers, pay to Mr. William Fish, or order, 3,000 25-100 dollars. $3,000 25-100. “ISAAC JACOBSOHH.”
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Appeal from judgment of Superior Court- of New York. The action was to recover the amount of a draft or check, drawn by defendant, as follows: “New York, March 16, 1859. “L. S. Lawrence & Co., bankers, pay to Mr. William Fish, or order, 3,000 25-100 dollars. $3,000 25-100. “ISAAC JACOBSOHH.” Which check, the complaint averred was drawn by the defendant at the city of New Orleans on the 16th March, 1859, and delivered by him to the plaintiff, the payee named therein, in settlement of a balance of account due by Bernard Ulman, of the city of New York, for whom the defendant acted as agent, to…
1Opinion of the CourtWeight, J.
It is insisted that the judgment is erroneous, and for the reasons, first, that the check was without consideration ; and, second, that the action was improperly brought in the name of the plaintiff.' Neither of these objections I regard as tenable.
1. The check imported a consideration, and the onus was-on the defendant to show that, in fact, there was.none-This was not necessarily shown by an admission in the pleading,- or by proving that it was given in settlement of a balance of account due from Ulman to Lumley for Lumley’s share of *544t;he proceeds of the Piccoloinini operatic…
2Cited by1 opinion
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