Germania National Bank of New Orleans v. Taaks
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 18, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 31 Hun, 260.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 18, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 31 Hun, 260.) The nature of the action and the material facts are stated in the opinion. The defendants’ letter of March 7, 1878, was not an unconditional promise to accept a bill before it is drawn, and the trial court erred in holding it to be such. (2 E. S. 768, § 8.) No precise or particular words are requisite to create a condition, it depends upon the…
1Opinion of the CourtAndrews, J.
This action is brought to recover the amount of two sight drafts for $10,000 and $15,000, respectively, dated at New Orleans, December 26,1878, drawn by A. Eimer Bader. & Co., a firm engaged in the business of buying and exporting cotton, upon Taaks & Lichtenstein, bankers,in the city of New York. The plaintiff, a banking corporation at New Orleans, purchased the drafts from A. Eimer Bader & Co., on the day of their date, in reliance upon a letter dated March 7, 1878, addressed by Taaks & Lichtenstein to Bader & Co., which had been exhibited to the plaintiff. The drafts were forwarded by the…
2Cases cited4 opinions
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878
- Bank of Michigan v. ElyNew York Supreme Court · 1837
- Barney v. . WorthingtonNew York Court of Appeals · 1867
3Cited by6 opinions
- Bank of Montreal v. . RecknagelNew York Court of Appeals · 1888
- Bank of Italy v. Merchants National BankNew York Court of Appeals · 1923
- Banco Nacional Ultramarino v. First Nat. BankDistrict Court, D. Massachusetts · 1923
- Sherry v. MarshAppellate Division of the Supreme Court of the State of New York · 1939
- Philippine National Bank v. Bowring & Co.New York Supreme Court · 1921
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