Godin v. Bank of Commonwealth
The Superior Court of New York City
Appeal from a judgment at Special Term in favor of the plaintiff, and denying a motion for a new trial. The action was brought to recover the sum of $90, the amount of a check drawn by Shufeldt Brothers & Co., in favor of the plaintiff, upon the defendant, and dated the 14th of July, 1855. The plaintiff also claimed to recover by virtue of an assignment made to him, by Shufeldt Brothers & Co., on the 13th of July, 1855, of all the moneys then due to them from the bank.
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Appeal from a judgment at Special Term in favor of the plaintiff, and denying a motion for a new trial. The action was brought to recover the sum of $90, the amount of a check drawn by Shufeldt Brothers & Co., in favor of the plaintiff, upon the defendant, and dated the 14th of July, 1855. The plaintiff also claimed to recover by virtue of an assignment made to him, by Shufeldt Brothers & Co., on the 13th of July, 1855, of all the moneys then due to them from the bank. The answer denied generally the allegations of the complaint, and set up, as a separate defence, that on the 12th of July,…
1Opinion of the CourtBy the Court. Slossow, J.
Whether the plaintiff could have maintained this action upon the non-refusal of the bank to pay the $90 check is a question it is unnecessary to decide, since of his right to maintain the action, as assignee, we have no doubt, and it was only upon this ground that be recovered.
The only questions to be considered, therefore, are
1st. Was the bank justified in paying the post-dated checks before their maturity ?
2d. Ought any other question of fact to have been submitted to the jury than that which was submitted?
*82Though the date of a note, bill, or check, is not material to its validity, it is so…
2Cases cited1 opinion
- Brewster v. McCardellNew York Supreme Court · 1832
3Cited by11 opinions
- Faris v. HobergIndiana Supreme Court · 1893
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Crawford v. . West Side BankNew York Court of Appeals · 1885
- C. B. Rogers Co. v. Meinhardt Bros. & Co.Supreme Court of Florida · 1896
- Gorman v. Commissioners of Boise CountyIdaho Supreme Court · 1877
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