Ruiz v. . Renauld
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiffs, entered upon an order made August 7, 1883, which overruled exceptions, which were ordered to be heard at first instance at Special Term, and directed judgment on a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiffs, entered upon an order made August 7, 1883, which overruled exceptions, which were ordered to be heard at first instance at Special Term, and directed judgment on a verdict. This action was brought to recover the amount of five bills of exchange, drawn by the firm of F. Van Asche & Co., of Havana, upon defendants,'who composed the firm of Renauld, Francois & Co. in Hew York, at sixty days, for the aggregate amount of $22,000, which bills defendants refused to accept or pay.…
1Opinion of the CourtFinch, J.
The plaintiffs’ right of recovery depends upon the effect of defendants’ letter of July 9,1880, read in the light of the surrounding circumstances. What these were, the evidence establishes without dispute or controversy, so that no question of fact remained for the consideration of the jury, and no error was committed by the trial court in treating the case as involving only a question of law. ( Underhill v. Vandervoort, 56 N. Y. 242; White's Bank v. Myles, 73 id. 335.) The letter referred to was written by the defendants in answer to one from Van Asche & Oo. which stated an inability to…
2Cases cited2 opinions
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878
- Underhill v. . VandervoortNew York Court of Appeals · 1874
3Cited by6 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1960
- James v. E. G. Lyons Co.California Supreme Court · 1901
- Bank of Laddonia v. Bright-Coy Commission Co.Missouri Court of Appeals · 1909
- Karales v. BossonNew York Supreme Court · 1929
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