Merchants' Bank v. Spicer
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in April, 1838, before the Hon. Ogden Edwards, one of the circuit judges. The declaration contained a count on a bank check, and the ordinary money counts. On the eleventh day of July, 1836, the defendant sent his clerk to the Merchants’ Bank, and deposited there a bank check for $2000, and $25 in cash, which were passed to his credit on the books of the bank.
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This was an action of assumpsit, tried at the New-York circuit in April, 1838, before the Hon. Ogden Edwards, one of the circuit judges. The declaration contained a count on a bank check, and the ordinary money counts. On the eleventh day of July, 1836, the defendant sent his clerk to the Merchants’ Bank, and deposited there a bank check for $2000, and $25 in cash, which were passed to his credit on the books of the bank. The check was drawn by the United States Lombard Association, by its president, on the Tradesmen’s Bank, payable to P. W. Wetmore, or order, and when deposited, had on it…
1Opinion of the Court
By the Court,
Marcy, J.
Checks are considered as having the character of inland bills of exchange, and the holder thereof, if he would preserve his right to resort to the drawers and endorsers, must use the same diligence in presenting them for payment, and in giving notice of the default of the drawee, that would be required of him as the holder of an inland bill. Cruger v. Armstrong, 3 Johns. Cas. 5. Murray v. Judah, 6 Cowen, 490. As the defendant is sued as an endorser, the plaintiffs must establish a due presentment for payment, and a notice of non-payment to the defendant, before he can be…
2Cited by27 opinions
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- Harker v. AndersonNew York Supreme Court · 1839
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
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