Commercial Bank v. Hughes
New York Supreme Court
This was an action of assumpsit, tried at the Schenectady circuit, in October, 1834, before the Hon. James Vanderpoel. one of the circuit judges. The plaintiffs claimed to recover against the defendant as the third en orser of a bill of exchange drawn by Lucian Tuffs on Messrs.
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This was an action of assumpsit, tried at the Schenectady circuit, in October, 1834, before the Hon. James Vanderpoel. one of the circuit judges. The plaintiffs claimed to recover against the defendant as the third en orser of a bill of exchange drawn by Lucian Tuffs on Messrs. Rice & Co., for §1500, dated 1st March, 1834, payable thirty days after date, to the order of the drawer; and endorsed first by the drawer; secondly, by William Rice & Co.; and thirdly, by the defendant. On the part of the defence it, [95] was shown that on the 11th July, 1834, Tuffs presented at the counter of the…
1Opinion of the Court
By the Court,
Cowen, J.
There is no foundation for saying that Tuffs is not a competent witness on being released. It is simply the common case of a first, endorser, released by and offered as a witness by his endorsee. It is doubtful whether he was not competent without any release (Barretto v. Snowden, 5 Wendell, 181).
The objection that Tuffs was discharged by the non-presentment of the bill for $900, is one of more difficulty. Neither presentment for acceptance (Chitty on Bills, 300, Am. ed. 1836; De Bert v. Atkinson, 2 H. Black. 336), nor notice of non-acceptance or non-payment (Chitty on…
2Cases cited14 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
- Moore v. HitchcockNew York Supreme Court · 1830
- Jackson v. RichardsNew York Supreme Court · 1805
- Barretto v. SnowdenNew York Supreme Court · 1830
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3Cited by81 opinions
- Burton v. United StatesSupreme Court of the United States · 1905
- Cragie v. . HadleyNew York Court of Appeals · 1885
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
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