Legal Opinion

Atlantic Fire & Marine Insurance v. Boies

The Superior Court of New York City

Decided March 21, 1857PublishedCited by 4 opinions

Case upon a verdict for plaintiff taken subject to the opinion of the court at General Term, upon questions of law. Judgment in the mean time suspended. The action was upon a bill of exchange for $6000, against North as the drawer, and Washburn and Boies as the acceptors. Boies answered separately, and set up payment as a defence, and it was against him alone that the cause was tried.

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Case upon a verdict for plaintiff taken subject to the opinion of the court at General Term, upon questions of law. Judgment in the mean time suspended. The action was upon a bill of exchange for $6000, against North as the drawer, and Washburn and Boies as the acceptors. Boies answered separately, and set up payment as a defence, and it was against him alone that the cause was tried. It was tried before Oakley, Ch. J., and a jury, in November, 1855. The following are the material facts established by the evidence upon the trial, and raising the questions of law reserved for the determination…

1Opinion of the CourtBy the Court. Slosson, J.

The presumption is that the acceptance in question was made upon funds of the drawer in the hands of Boies & Washburn, it being usual to draw upon funds in hand or their equivalent, and I find nothing in the evidence to disturb this presumption, but, on the contrary, much to support it. These defendants are, therefore, not only primarily liable according to the face of the contract, but are, in fact, the principal debtors as to all the parties. As a general rule, nothing will discharge an acceptor of a bill, but payment or a release.

The note of $6060 was not received in payment, but as…

2Cases cited1 opinion

  1. Brown v. WardThe Superior Court of New York City · 1854

3Cited by4 opinions

  1. Donohoe v. GambleCalifornia Supreme Court · 1869
  2. Lee Bank v. SatterleeThe Superior Court of New York City · 1863
  3. Bank of the State of New York v. VanderhorstThe Superior Court of New York City · 1863
  4. Donohoe v. GambleCalifornia Supreme Court · 1869

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