Legal Opinion

Everett & Brown v. Vendryes

New York Supreme Court

Decided February 4, 1857PublishedCited by 1 opinion

THIS action was upon a draft or bill of exchange, made and drawn by the defendant at Carthagena in Hew Granada, for the sum of $2687.50, and protested for non-acceptance, by the Hew Granada Canal and Steam navigation Company of the City-of Hew York, against the drawer of said bill of exchange.

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THIS action was upon a draft or bill of exchange, made and drawn by the defendant at Carthagena in Hew Granada, for the sum of $2687.50, and protested for non-acceptance, by the Hew Granada Canal and Steam navigation Company of the City-of Hew York, against the drawer of said bill of exchange. The action came on to be heard and tried before Justice Davie's and a jury, on the 16th of May, 1856. The bill was dated May 8, 1855, and was payable to one Jimenes, or order, six months after sight. The complaint alleged the making of the bill, the delivery thereof to the payee, and the indorsement and…

1Opinion of the CourtRoosevelt, J.

This was an action by the indorsees, against the drawer, of a bill of exchange made in Oarthagena, (New Granada,) but payable in New York; and protested for nonacceptance. The defense is that it was not duly indorsed by the payee. We hold that being payable in New York, the instrument, as to the mode of its transfer, is governed by the laws of New York, and that by those laws a general indorsement like the one before us, is sufficient to transfer a bill or note, wherever made.

The exceptions must be overruled and judgment for the plaintiffs affirmed, with costs.

Davies, J., concurred.

2Cited by1 opinion

  1. Knickerbocker Life Insurance v. EcclesineThe Superior Court of New York City · 1869

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