Gelpcke v. . Quentell
New York Court of Appeals
This was an action to recover advances adeged to have been made by plaintiffs, under authority of a letter of credit issued by defendant. Defendant was, in 1859 and 1860, a merchant and banker at Bremen; plaintiffs were partners, doing business as bankers in the city of New York, and the firm of Rodewald and Co. were doing business in the city of New Orleans.
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This was an action to recover advances adeged to have been made by plaintiffs, under authority of a letter of credit issued by defendant. Defendant was, in 1859 and 1860, a merchant and banker at Bremen; plaintiffs were partners, doing business as bankers in the city of New York, and the firm of Rodewald and Co. were doing business in the city of New Orleans. On the 24th December, 1859, defendant sent from Bremen to plaintiffs, at New Norlc, the letter in question, the material portion of which is as follows : “ I take the liberty to open a credit with your house for my account, in favor of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] RAPALLO, J., reads for reversal and new trial.
ANDREWS and MILLER, JJ., concur.
EARL, J., concurs on ground that question of fact should have been submitted to the jury.
CHURCH, Ch. J., and FOLGER, J., dissent.
Judgment reversed.
2Cited by6 opinions
- Lamborn v. National Park BankNew York Court of Appeals · 1925
- American Steel Co. v. Irving Nat. BankCourt of Appeals for the Second Circuit · 1920
- Terwilliger v. Ontario, Carbondale & Scranton RailroadNew York Court of Appeals · 1896
- Matousek v. Bank of Europe Trust Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Germania National Bank v. TaaksNew York Supreme Court · 1883
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