Pavenstedt v. . N.Y. Life Insurance Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 15,1900, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer, with leave to plaintiff to amend the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 15,1900, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer, with leave to plaintiff to amend the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The question raised by the demurrer is one to be decided in accordance with the Law Merchant or the law of commerce. (Faulkner v. Hart, 82 N. Y. 413; Mead v. Beale, Taney,…
1Opinion of the CourtWillard Bartlett, J.
This action is brought by the assignees of the payee of a foreign bill of exchange to recover damages from the drawer for the failure of the drawee to accept or pay the bill when duly presented for acceptance and payment. ■
The demurrer attacks the sufficiency of the cqmplaint, the material allegations of which may be summarized as follows:
The defendant is a New York corporation. On May 22, 1902, in the United States of Colombia the defendant by its agent made and delivered to one G-onzalez its negotiable bill of exchange directed to itself in New York, requiring itself to pay in New York to…
2Cases cited3 opinions
- Chrysler v. . RenoisNew York Court of Appeals · 1870
- Oliver Lee Co's Bank v. . WalbridgeNew York Court of Appeals · 1859
- Hendricks v. FranklinNew York Supreme Court · 1809
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- Simonoff v. Granite City National BankIllinois Supreme Court · 1917
- Gross v. MendelAppellate Division of the Supreme Court of the State of New York · 1916
- Continental Illinois National Bank & Trust Co. v. HarrisIllinois Supreme Court · 1934
- Cable & Wireless, Ltd. v. Yokohama Specie Bank, Ltd.New York Supreme Court · 1948
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