Wilder v. Seelye
New York Supreme Court
This was an. action of assumpsit to recover the amount of two promissory notes, copies of which were annexed to the declaration; one for $500, dated August 12, 1846, signed by Charles Dewey and payable to the defendant or order, and indorsed by him, payable in three months, at the Bank of Troy. The other note was like it in all respects, except that it was payable in four months.
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This was an. action of assumpsit to recover the amount of two promissory notes, copies of which were annexed to the declaration; one for $500, dated August 12, 1846, signed by Charles Dewey and payable to the defendant or order, and indorsed by him, payable in three months, at the Bank of Troy. The other note was like it in all respects, except that it was payable in four months. The defendant pleaded the general • issue to all except the sum of $259; and as to that, pleaded tender and a refusal to accept the amount tendered; and that he had always been and was still ready to pay that sum ;…
1Opinion of the Court
By the Court, Hand, J.
The first and important question in this case is, whether the indorser of a note, upon paying or offering to pay it to the holder, is entitled to insist upon its being delivered to him as a condition of such payment. The referees decided that the tender before suit brought, being upon such condition, was not valid. In this I think they were mistaken. It is well settled that the party liable upon a bill of exchange or promissory note which is negotiable may require its production and delivery, upon paying it. This has been so adjudged in England and in this state, and so…
2Cases cited3 opinions
- Slack v. BrownNew York Supreme Court · 1835
- Eddy v. O'HaraNew York Supreme Court · 1835
- Commercial Bank of Buffalo v. SparrowNew York Supreme Court · 1846
3Cited by10 opinions
- Moore v. NormanSupreme Court of Minnesota · 1890
- Poff v. MillerTexas Commission of Appeals · 1921
- McCarthy v. Bowling Green Storage & Van Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Taggart v. FoxNew York Court of Common Pleas · 1882
- Simpson v. FrenchThe Superior Court of New York City · 1863
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