Allen v. Merchant's Bank
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action of assumpsit, brought in the superior court of the city of New-York by S. & M. Allen against the bank, to recover the amount of a bill of exchange, drawn in New-York on a mercantile house in Philadelphia, and deposited by the plaintiffs with the Merchants’ Bank in New-York for collection, which was lost to the plaintiffs in consequence of the omission to give notice of non-acceptance to the endorsers.
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Error from the supreme court. This was an action of assumpsit, brought in the superior court of the city of New-York by S. & M. Allen against the bank, to recover the amount of a bill of exchange, drawn in New-York on a mercantile house in Philadelphia, and deposited by the plaintiffs with the Merchants’ Bank in New-York for collection, which was lost to the plaintiffs in consequence of the omission to give notice of non-acceptance to the endorsers. On 26th June, 1830, F. I. Spooner, at the city of New-York, drew a bill of exchange on Messrs. Boiler & Baker, of Philadelphia, for $600, payable…
1Opinion of the Court
After advisement the following opinions were delivered :
By the Chancellor.
The questions arising upon the writ of error in this case, are of very great importance to the mercantile community, and I regret that the very great press of business in this court has allowed us so little time to examine them in all their various bearings. The object of the suit is to charge the defendants with the amount of a bill of exchange left with them for collection, and which has been lost to the plaintiffs in consequence of an imperfect negotiation of ib whereby the endorser was discharged from his liability…
2Cases cited5 opinions
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
- Boyden v. MooreMassachusetts Supreme Judicial Court · 1809
- McKinster v. Bank of UticaNew York Supreme Court · 1832
- Allen v. SuydamNew York Supreme Court · 1837
3Cited by72 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Hoover v. WiseSupreme Court of the United States · 1876
- Le Marchant v. . MooreNew York Court of Appeals · 1896
- Heid Bros., Inc. v. Commercial Nat. Bank of HutchinsonTexas Commission of Appeals · 1922
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