New York & Virginia State Stock Bank v. Gibson
The Superior Court of New York City
This was an action by the plaintiffs, as endorsees, against the defendants, as acceptors of two bills of exchange for $10,000, eách drawn upon them by one Aaron A. Kagy. The bills were in all respects alike. They were dated on the 23d January, 1854, and were payable thirty days after date, to the order of Arnold Dun-levy & Co., by whom they were endorsed to the plaintiffs.
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This was an action by the plaintiffs, as endorsees, against the defendants, as acceptors of two bills of exchange for $10,000, eách drawn upon them by one Aaron A. Kagy. The bills were in all respects alike. They were dated on the 23d January, 1854, and were payable thirty days after date, to the order of Arnold Dun-levy & Co., by whom they were endorsed to the plaintiffs. The defence, substantially, was, that the acceptances were obtained by false and fraudulent representations, made by Kagy, the drawer, to the defendants, and that the plaintiffs were not bona Jide holders for a valuable…
1Opinion of the CourtBy the Court. Duer, J.
Many exceptions were taken on the trial, to the ruling of the Judge, upon questions of evidence, which the conclusions, at which we have arrived in relation to his charge, render it unnecessary to consider. It is not at all probable *581that, upon the new trial which it will be our duty to grant, the same questions will again be raised.
There are, however, one or two exceptions which it will be expedient to notice.
We think that the rejection by the Judge of the evidence that was offered to prove that the representations made by Kagy to defendants, upon the faith of which they were induced to…
2Cases cited2 opinions
- Boyce & Henry v. EdwardsSupreme Court of the United States · 1830
- Marine & Fire Insurance Bank of the State of Georgia v. JaunceyThe Superior Court of New York City · 1849
3Cited by10 opinions
- Hall v. CordellSupreme Court of the United States · 1891
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878
- Woods v. . WilderNew York Court of Appeals · 1870
- Exchange Bank v. HubbardCourt of Appeals for the Second Circuit · 1894
- Blair v. BuserIndiana Superior Court · 1873
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