Utica Bank v. Ganson
New York Supreme Court
This was an action of assumpsit, tried at the Genesee circuit in April, 1831. The plaintiffs proved a note made by the defendants for $138,60, dated 27th June, 1828, payable 90 days after date to the President, Directors and Company of the Utica Bank, at their branch bank in Canandaigua; it was signed James Ganson, Jlzor Curtis and Jared Rathbm as surety.
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This was an action of assumpsit, tried at the Genesee circuit in April, 1831. The plaintiffs proved a note made by the defendants for $138,60, dated 27th June, 1828, payable 90 days after date to the President, Directors and Company of the Utica Bank, at their branch bank in Canandaigua; it was signed James Ganson, Jlzor Curtis and Jared Rathbm as surety. The plaintiff’s counsel admitted that the payees of the note had no interest in it, and that the note had been offered for discount at the bank and rejected, but offered to prove that one Chad Brown was the beneficial holder of the note;…
1Opinion of the Court
By the Court,
Nelson, J.
The evidence offered by the plaintiff ought to have been admitted. The admission of the fact that the note had been presented at the bank for discount and rejected, threw upon the holder the burthen of shewing that it came fairly and honestly into his possession and for a valuable consideration, in order to repel the suspicion thus cast upon his title. For this reason the evidence was not only admissible, but indespensable.
But it is said the evidence offered would have shewn a perversion of the object of the note, by the application of it to a purpose different from the…
2Cases cited1 opinion
- Bank of Rutland v. BuckNew York Supreme Court · 1830
3Cited by4 opinions
- Smith v. MoberlyCourt of Appeals of Kentucky · 1850
- Planters' & Merchants' Bank v. BlairSupreme Court of Alabama · 1843
- Clinton Bank ex rel. Rhodes v. NeilOhio Supreme Court · 1847
- Commercial Bank of Natchez ex rel. Briggs v. ClaiborneMississippi Supreme Court · 1840