Syracuse v. Collins
Commission of Appeals
Appeal Tby the defendant from a judgment of the general term of the third department, affirming a judgment recovered by the plaintiff at the circuit. The action was brought by the Syracuse, Binghamton, and New York Railroad Company, against Charles W. Collins.
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Appeal Tby the defendant from a judgment of the general term of the third department, affirming a judgment recovered by the plaintiff at the circuit. The action was brought by the Syracuse, Binghamton, and New York Railroad Company, against Charles W. Collins. On May 4, 1868, the defendant was indebted to the plaintiff in the sum of fifty dollars and nineteen cents, and to the United States Express Company seven dollars and eighty-five cents, for the transportation of freight and express matter, which indebtedness had before that time fallen dne. On that day, Rogers, the agent of the two…
1Opinion of the Court
Earl, Com.
This action was brought both upon the check, and upon the original consideration, and the recovery was had upon the original consideration. It is, therefore, not important to inquire whether a recovery could have been had upon the check. The cause was tried at the circuit before the judge, without a jury, and he found that the check was received by Rogers, plaintiff’s agent, as cash, and in full payment of plaintiff’s demand, but that there was no express agreement that it should be payment, unless upon presentment to the bank it was paid. I suppose it to be settled law in this…
2Cases cited6 opinions
- Smith v. . MillerNew York Court of Appeals · 1870
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Hill v. . BeebeNew York Court of Appeals · 1856
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Dille v. WhiteSupreme Court of Iowa · 1906
- Murphy v. LevyAppellate Terms of the Supreme Court of New York · 1898