Nixon v. . Palmer
New York Court of Appeals
This action was brought in the supreme court upon a bill of exchange drawn upon the defendant by William G. Sanford to the order of the plaintiffs for $482-28, dated New York, October 29, 1846; and payable ninety days, after date. An acceptance was written upon it—“ Jeremiah G. Palmer, by James L. Palmer.” The cause was tried at the New York circuit in October, 1847, before Mr. Justice Edwards.
Read the full summary
This action was brought in the supreme court upon a bill of exchange drawn upon the defendant by William G. Sanford to the order of the plaintiffs for $482-28, dated New York, October 29, 1846; and payable ninety days, after date. An acceptance was written upon it—“ Jeremiah G. Palmer, by James L. Palmer.” The cause was tried at the New York circuit in October, 1847, before Mr. Justice Edwards. It appeared upon the cross examination of the plaintiff’s witnesses that the bill was drawn at the plaintiff’s store in New York, in payment for a bill of goods which had been sold to the draw'er in…
1Opinion of the CourtMason, J.
Without considering the other questions in this case, I think the plaintiffs failed in their evidence to charge the defendant as the acceptor of the bill. It having been received in payment of an antecedent debt due them; they are not in the condition of bona fide holders for a valuable consideration. (Coddington v. Bay, 20 John. 637.) And, indeed, the bill being on its face accepted by James L. Palmer for the defendant, was notice that he professed to act under an authority, and imposed upon the plaintiffs the duty of ascertaining that he acted within it. (Atwood v. Munnings, 7 B. & C. 278.)…
2Cases cited1 opinion
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by18 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
- Rathbun v. . Citizens' Steamboat Co.New York Court of Appeals · 1879
- King v. . MacKellarNew York Court of Appeals · 1888
- Grady v. American Central InsuranceSupreme Court of Missouri · 1875
13 more not listed; retrieve them via the Exa API.