Legal Opinion

Farmers' and Mechanics' Bank of Genesee v. . Wadsworth

New York Court of Appeals

Decided June 5, 1862PublishedCited by 3 opinions

Appeal from, the Superior Court of the city of Buffalo. The complaint stated the making and indorsement of a promissory note for $12,500, dated at Buffalo, and payable at the Bank of North America, in the city of New York, and its delivery to the plaintiff before maturity for a valuable consideration and in the ordinary course of business.

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Appeal from, the Superior Court of the city of Buffalo. The complaint stated the making and indorsement of a promissory note for $12,500, dated at Buffalo, and payable at the Bank of North America, in the city of New York, and its delivery to the plaintiff before maturity for a valuable consideration and in the ordinary course of business. It further averred that, on the day of its maturity, the note “ was, by the Bank of Commerce in New York, which then held the said n,ate, through a notary public, presented at the Bank of North America to. the paying teller therein for payment, and payment…

1Opinion of the Court

By the Court.

The only ground on which the demurrer in this case is sought to be sustained is, that the plaintiff shows no title to the bill of exchange which is the subject of the action, but, on the contrary, that title is shown out of the plaintiff on the face of the complaint. This objection has hardly the. merit of plausibility. The complaint avers the making and indorsement of the bill, and that, for a valuable consideration, in the usual course of business, and before maturity, it was transferred and delivered to the plaintiff. The other allegation in respect to it is, that, on the day…

2Cited by3 opinions

  1. Eans' Adm'r v. Exchange BankSupreme Court of Missouri · 1883
  2. Dial v. TappanSupreme Court of South Carolina · 1883
  3. Suber v. ChandlerSupreme Court of South Carolina · 1888

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