Ulster County Bank v. McFarlan
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. Upon the first trial of this 'cause the plaintiffs had a verdict which was set aside by the court upon exceptions taken by the defendant.
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On error from the supreme court. Upon the first trial of this 'cause the plaintiffs had a verdict which was set aside by the court upon exceptions taken by the defendant. The facts which appeared upon that trial, together with the opinion of the court, may be seen in the report of the cáse in 5 Hill, 432. Upoii the second trial the same evidence was given as upon the former one; aiid the plaintiffs in order furthér to show the construction which the défendant had put upon the letter of December 19th, 1840, proved that seven bills of $1000 each had been drawn by W. H. De Forest & Co. upon the…
1Opinion of the Court
Hand, Senator.
The pleader in this case relies upon the common counts only, and treats the instrument given by the defendant as an acceptance. There is no count on an agreement to accept, the plaintiffs probably doubting whether there was sufficient privity of contract to support such an agreement, after the decision of Birckhead v. Brown, in this court last year.(a) In that case, however, the letter of credit was directed to particular persons; here it is general.
The section of the statute upon which the plaintiffs rely in this case, is as follows : “ An unconditional promise in writing to…
2Cases cited6 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Adams, Cunningham & Co. v. JonesSupreme Court of the United States · 1838
- Bank of Michigan v. ElyNew York Supreme Court · 1837
- Riggs v. LindsaySupreme Court of the United States · 1813
- Parker v. GreeleNew York Supreme Court · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878
- Vallé v. Cerré'sSupreme Court of Missouri · 1865
- Burns v. RowlandNew York Supreme Court · 1863
- Muller v. KlingAppellate Division of the Supreme Court of the State of New York · 1912
4 more not listed; retrieve them via the Exa API.