Mohawk Bank v. Broderick & Powell
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in March, 1831, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs declared as the endorsees of a check drawn by John Le Breton, on the Mechanics and Farmers Bank in Albany, for $86,18, bearing date the 14th January, 1830, payable to the order of the defendants, and by them endorsed to the plaintiffs.
Read the full summary
This was an action of assumpsit, tried at the Albany circuit in March, 1831, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs declared as the endorsees of a check drawn by John Le Breton, on the Mechanics and Farmers Bank in Albany, for $86,18, bearing date the 14th January, 1830, payable to the order of the defendants, and by them endorsed to the plaintiffs. A special verdict was found, from which the following facts appeared : The check was drawn previous to the 14th January, post dated, and delivered to the defendants, who transferred it, also before the 14th…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Upon the facts presented by the special verdict, the plaintiffs contend that no demand was necessary, as the drawer had no funds in the hands of the drawees, and was insolvent; and if a demand was necessary, it was made in a reasonable time. The defendants insist that the check having been drawn and negotiated before its date, it was payable on the day of its date, to wit, the 14th January, and should have been presented when payable ; and at all events, that it was not presented in a reasonable time,
I cannot assent to the proposition of the plaintifis, that no…
2Cases cited1 opinion
- Cromwell v. LovettThe Superior Court of New York City · 1828
3Cited by41 opinions
- Crawford v. . West Side BankNew York Court of Appeals · 1885
- Harker v. AndersonNew York Supreme Court · 1839
- Salter v. BurtNew York Supreme Court · 1838
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Carroll v. . SweetNew York Court of Appeals · 1891
36 more not listed; retrieve them via the Exa API.