Bank of Utica v. Smith
New York Supreme Court
THIS was an action of assumpsit brought against the defendant as endorser of a promissory note, dated Utica, July, 1 J ’ > £) 20, 1818, made by Soulden & Stnüh and A. Van Santvoord & Co. by which they promised, six months after date, to pay to the order of Peter Smith, 10,000 dollars, at the Mechanics' Bank, in the city of New-York, for value received.
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THIS was an action of assumpsit brought against the defendant as endorser of a promissory note, dated Utica, July, 1 J ’ > £) 20, 1818, made by Soulden & Stnüh and A. Van Santvoord & Co. by which they promised, six months after date, to pay to the order of Peter Smith, 10,000 dollars, at the Mechanics' Bank, in the city of New-York, for value received. On the 23d of January, 1819, the note was presented at the Mechanics' Bank in the city of New- York, to the first teller of the bank, and payment demanded; and it was answered that the note could not be paid for want of funds of the makers. On…
1Opinion of the Court
Spencer. Ch. J.
delivered the opinion of the Court.— The defendant is sued as first endorser of a note for 10,000 debars, drawn by Soulden & Smith and Jl. Van Santvoord, to the defendant or order, dated July 20, 1818, and payable sis months from the date, at the Mechanics' Bank of New-York. Over the name of Peter Smith there was written, when the note was presented at the Mechanics' Bank, “ pay to the order of W. Fish, Esq. Cashier, &c." This endorsensent was thus filled up for the safety of transmission, by the plaintiffs’ direction, who were the owners of the note, Fish never having had any…
2Cases cited1 opinion
- Dugan v. United StatesSupreme Court of the United States · 1818
3Cited by27 opinions
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- Rockwell v. District CourtSupreme Court of Colorado · 1891
- Bliss v. CottleNew York Supreme Court · 1860
- Bank of Syracuse v. . HollisterNew York Court of Appeals · 1858
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