Davis v. Randall
Massachusetts Supreme Judicial Court
Contract against the acceptor of two bills of exchange. Trial in the Superior Court, before Bevens, J., who reported the case for the consideration of this court in substance as follows: The plaintiff, to maintain the issues on his part, proved that the Ocean National Bank, of the city of New York, a national banking association, formed pursuant to the laws of the United States, and located in the city of New York, having failed to redeem its circulation notes, when payment…
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Contract against the acceptor of two bills of exchange. Trial in the Superior Court, before Bevens, J., who reported the case for the consideration of this court in substance as follows: The plaintiff, to maintain the issues on his part, proved that the Ocean National Bank, of the city of New York, a national banking association, formed pursuant to the laws of the United States, and located in the city of New York, having failed to redeem its circulation notes, when payment thereof was legally demanded at the office of said association, he was on December 12, 1871, duly appointed by the…
1Opinion of the CourtMorton, J.
The defence that the drafts in suit are void under the laws of New York against usury, cannot be sustained. The act of Congress to provide a national currency supersedes the state laws upon this subject so far as applicable to national banks. U. S. St. 1864, c. 106, § 30. Central National Bank of New York v. Pratt, ante, 539.
The other defence relied upon is in substance that the defendant accepted the drafts in suit for the accommodation of W. B. Fiske & Co., and that before they were accepted the president of the bank orally agreed that the defendant should not be called upon to pay the…
2Cited by34 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Salem Trust Co. v. DeeryMassachusetts Supreme Judicial Court · 1935
- Kulenkamp v. GroffMichigan Supreme Court · 1888
- Neal v. WilsonMassachusetts Supreme Judicial Court · 1913
- Schlesinger v. . GilhoolyNew York Court of Appeals · 1907
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