Benton v. Mastin
New York Court of Appeals
On the first day of July, 1857, the plaintiff bought a draft of the defendant, who was a hanker at Olean, N. Y., drawn by the latter on Griggs & Lathrop, 35 Wall street, New York, payable at sight to the -order of the plaintiff for $2,028.83, and post-dated to July 10th, 1857. On the same day that he pro' cured the draft, he indórsed the same to the Exchange Bank at Hartford, Conn., and sent it to that bank to pay his note held by them.
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On the first day of July, 1857, the plaintiff bought a draft of the defendant, who was a hanker at Olean, N. Y., drawn by the latter on Griggs & Lathrop, 35 Wall street, New York, payable at sight to the -order of the plaintiff for $2,028.83, and post-dated to July 10th, 1857. On the same day that he pro' cured the draft, he indórsed the same to the Exchange Bank at Hartford, Conn., and sent it to that bank to pay his note held by them. The Exchange Bank received the draft, and sent the samé, properly endorsed, to the Metropolitan Bank, New York,.and the same was presented by the Metropolitan…
1Per curiam
The true construction, in view of the extrinsic facts of the case, of the word “ duplicate,” written across the draft in suit, is that the draft was made as a substitute for, and to take the place of the original, and no new liability of the defendant was created thereby.
The judgment must therefore be reversed, and a new trial had.
Grover, J.,
read an opinion discussing the admissibility of the parol evidence offered by the defendant as to the agreement between the parties, at the time the duplicate draft was given, and came to the conclusion that it was improperly excluded. Woodruff and Mason,…
2Cited by11 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Aebi v. Bank of EvansvilleWisconsin Supreme Court · 1905
- Lewis v. Commercial National BankCourt of Appeals of Texas · 1904
- Samland v. Ford Motor Co.Nebraska Supreme Court · 1932
- Raymond v. BarnardSouth Dakota Supreme Court · 1947
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