Merchants' Bank of Canada v. Griswold
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 9 Hun, 561.) This action was brought upon two bills of exchange drawn by one Horace Loveland on defendant, of one of which the following is a copy : “ $1,000. Tilsonburg, July 4, 1874. “Two months after date pay to the order of myself one thousand dollars in gold coin, value received, and charge the same to account of HORACE LOVELAND. “A. H. Griswold, Whitehall, N. Y. (Indorsed) “ Pay to the order of the Merchants’…
1Opinion of the Court
Church, Ch. J.
The complaint was evidently framed upon the theory of charging the defendant as acceptor of the bill of exchange, upon which the action was brought, and upon the ground of an unconditional promise to accept, under the statute. (1 R S., 768, § 8.) The alleged promise is contained in a power of attorney, which reads as follows :
“ Whitehall, N. Y., Feb. 28, 1874.
“ To whom it may concern :
“ This is to certify that I hereby authorize Horace Love-land, as my agent, to make drafts on me, from time to time, as may be necessary for the purchase of lumber for my account, and to consign…
2Cases cited10 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Schimmelpennich v. BayardSupreme Court of the United States · 1828
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- Gelston v. HoytSupreme Court of the United States · 1818
- Jewell v. . WrightNew York Court of Appeals · 1864
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3Cited by17 opinions
- Bank of Montreal v. . RecknagelNew York Court of Appeals · 1888
- Lamborn v. National Bank of Commerce of NorfolkSupreme Court of the United States · 1928
- Germania National Bank of New Orleans v. TaaksNew York Court of Appeals · 1886
- Ruiz v. . RenauldNew York Court of Appeals · 1885
- Wakefield v. BrophyNew York Supreme Court · 1910
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