Murray v. Judah
New York Supreme Court
Assumpsct ; tried at the New-York circuit, January 20th, 1825, before Edwards, C. Judge. The action was to recover the amount of a check, of which the plaintiffs were holders, drawn by the defendant on the Phoenix Bank, payable to bearer, drawn the 8iA, but post dated the 15ÍA of May, 1818, for $5000. The declaration contained the common money counts only. It appeared at the trial, that the check had been duly executed.
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Assumpsct ; tried at the New-York circuit, January 20th, 1825, before Edwards, C. Judge. The action was to recover the amount of a check, of which the plaintiffs were holders, drawn by the defendant on the Phoenix Bank, payable to bearer, drawn the 8iA, but post dated the 15ÍA of May, 1818, for $5000. The declaration contained the common money counts only. It appeared at the trial, that the check had been duly executed. That at the date of the check, the defendant had in the bank, a little more than $500 ; and that on the 23d of January, 1820, his account with the bank was closed, and he drew…
1Opinion of the Court
Curia, per
Sutherland, J.
The first point, made Rn the part of the defendant is, that the motion for a nonsuit ought to have been granted ; no demand of payment of the check at the bank having been then proved.
It is a sufficient answer to this point, that a demand was subsequently proved. That such demand was necessary to entitle the plaintiffs to recover from the drawer, is well established. A check is, in form and effect, a bill of exchange. It is not a direct promise by the drawer to pay money ; but it is an undertaking on his part, that the drawT-ee shall accept and pay ; and the drawer is…
2Cases cited6 opinions
- Pierce v. CraftsNew York Supreme Court · 1815
- Heermance v. VernoyNew York Supreme Court · 1810
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- Butler v. WarrenNew York Supreme Court · 1814
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3Cited by31 opinions
- Bickford v. First National BankIllinois Supreme Court · 1866
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- Marsh v. LowIndiana Supreme Court · 1876
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