Hazard v. Wells
Superior Court of Buffalo
Appeal by plaintiff from a judgment. This action was brought by George S. Hazard, receiver of the New York and Erie Bank, against William Wells, upon a promissory note, for $5,000, made by the defendant, dated August 38,1869, payable three months from its date to the order of the New York and Erie Bank, and discounted by that bank, for the defendant, on the 4th day of September, 1869, under the following circumstances : The defendant then held a promissory note made by John…
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Appeal by plaintiff from a judgment. This action was brought by George S. Hazard, receiver of the New York and Erie Bank, against William Wells, upon a promissory note, for $5,000, made by the defendant, dated August 38,1869, payable three months from its date to the order of the New York and Erie Bank, and discounted by that bank, for the defendant, on the 4th day of September, 1869, under the following circumstances : The defendant then held a promissory note made by John S. Ganson, the president and sole financial manager of said bank, for the sum of $8,138.88 and interest, dated January…
1Opinion of the Court
By the Court.—Smith, J.
*[After stating the facts.]—We are of opinion that the decision of the court which tried this cause was right, both upon the authority of the adjudged cases and upon principle.
In Exp. Mure (2 Cox, 63), which is one of the earliest adjudged cases in point, the facts were these : James and John Woodbridge, being indebted in a large sum to Sir Barnard Turner, assigned to him as a security for their debt, a bond and warrant of attorney, made by one Nelson to them for £3,000. Turner and his attorneys delayed the collection of the bond, (though judgment was taken upon it) for…
2Cases cited4 opinions
- Smith v. . MillerNew York Court of Appeals · 1870
- Kephart v. ButcherSupreme Court of Iowa · 1864
- Wakeman v. GowdyThe Superior Court of New York City · 1863
- Buckingham v. PayneNew York Supreme Court · 1861
3Cited by2 opinions
- Grace v. Sterling, Grace & Co.Appellate Division of the Supreme Court of the State of New York · 1968
- Scott v. First National Bank of TulsaCourt Of Appeals Of Indian Territory · 1904