S. & M. Allen v. Suydam & Boyd
New York Supreme Court
Error from the supreme court. This was an action on the case, by Suydam & Boyd against S. & M. Allen, for negligence in omitting to present for acceptance,a draft for |616.89, drawn by one John Eastabrook, at New-York, on W. W. & J. E. Eastabrook, a mercantile firm transacting business at Concord, New-■Hampshire, in favor of the plaintiffs, bearing date 21st July, 1833, and payable two months after date.
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Error from the supreme court. This was an action on the case, by Suydam & Boyd against S. & M. Allen, for negligence in omitting to present for acceptance,a draft for |616.89, drawn by one John Eastabrook, at New-York, on W. W. & J. E. Eastabrook, a mercantile firm transacting business at Concord, New-■Hampshire, in favor of the plaintiffs, bearing date 21st July, 1833, and payable two months after date. The draft was received by the plaintiffs on 16th August, 1833, and on the same day placed by them, for collection, in the hands of the defendants, who were to be allowed a commission of one…
1Opinion of the Court
After advisement the following opinions were delivered :
By the Chancellor.
Two questions of importance to the commercial community are presented for our consideration and decision in this cause: 1st. Whether an agent or broker who receives for collection a draft or bill of exchange payable at a particular day, or a certain number of days after its date, is under any obligation to present the same to the drawee for acceptance immediately, and before the time when the draft is due and payable 1 And 2d. If he is, whether the person who has given him such draft or bill for collection, can, in case…
2Cases cited1 opinion
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
3Cited by35 opinions
- Allen v. . BrownNew York Court of Appeals · 1870
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Booth v. . PowersNew York Court of Appeals · 1874
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
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