Smith v. Janes
New York Supreme Court
This was an action of assumpsit tried at the New-York circuit in June, 1838, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff as endorsee, sued the defendant as endorser of two checks drawn by B. RatKbun, on the Commercial Bank of Buffalo : one for $2,000, dated July 17, 1836, payable to the order of and endorsed by the defendant, who resides in the city of New-York.
Read the full summary
This was an action of assumpsit tried at the New-York circuit in June, 1838, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff as endorsee, sued the defendant as endorser of two checks drawn by B. RatKbun, on the Commercial Bank of Buffalo : one for $2,000, dated July 17, 1836, payable to the order of and endorsed by the defendant, who resides in the city of New-York. It was endorsed and negotiated to the plaintiff, in the city of New-York, by Wood The certificate of the notary in each case, after stating the demand, &c. at the bank in Buffalo, proceeded as follows: c< I…
1Opinion of the Court
By the Court, Bronson, J.
In several particulars, checks ‘are governed by the same rules that prevail in relation to inland *194bills of exchange, payable either on demand, or at a given number of days after sight. The holder can recover against the endorser only when he has used due diligence in presenting the. check, and giving notice of the demand and non-payment by the bank. When the parties all reside in the same place, the holder should present the check on the day it is received, or on the following day: and when payable at a different place from .that in which it is negotiated, the…
2Cases cited2 opinions
- Mohawk Bank v. BroderickCourt for the Trial of Impeachments and Correction of Errors · 1834
- Gough v. StaatsNew York Supreme Court · 1835
3Cited by22 opinions
- Bickford v. First National BankIllinois Supreme Court · 1866
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- Carroll v. . SweetNew York Court of Appeals · 1891
- First National Bank v. MillerNebraska Supreme Court · 1893
- Dyas v. HansonMissouri Court of Appeals · 1883
17 more not listed; retrieve them via the Exa API.