Bright v. Judson
New York Supreme Court
THIS action was brought on a bill of exchange at ninety days, for $1200, dated at Indianapolis, Indiana, June 1, 1857, and drawn by Jno. W. Wright on the defendant, payable in Hew York to the plaintiff's order, and accepted by the defendant. The defense set up was that the acceptance was obtained by Wright from the defendant by fraud, and that the plaintiff is not a bona fide holder for value.
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THIS action was brought on a bill of exchange at ninety days, for $1200, dated at Indianapolis, Indiana, June 1, 1857, and drawn by Jno. W. Wright on the defendant, payable in Hew York to the plaintiff's order, and accepted by the defendant. The defense set up was that the acceptance was obtained by Wright from the defendant by fraud, and that the plaintiff is not a bona fide holder for value. The fraud in obtaining the acceptance was proved by the testimony of Judson, of the plaintiff, and by the receipt of Wright. The judge before whom the cause was tried, without a jury, found the…
1Opinion of the CourtMullin, J.
The defendant, as acceptor of the draft in suit, was the principal debtor, and although he accepted in the state of Indiana, yet it was a contract to be performed, in New. York, and is to be governed by the laws of that state. (Lee v. Selleck, 33 N. Y. Rep. 615.)
The finding of fact that the bill was delivered to, and received by him, in payment and satisfaction of the bill not then matured, is not supported by the evidence. The delivery of a bill or note by a debtor, to his creditor, in payment of his debt, is not a satisfaction of the debt, unless it is expressly agreed between the parties…
2Cases cited4 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Tobey v. BarberNew York Supreme Court · 1809
- Lee v. . SelleckNew York Court of Appeals · 1865
- Cardwell v. HicksNew York Supreme Court · 1862
3Cited by5 opinions
- Fisher v. SharpeNew York Court of Common Pleas · 1874
- Bantz v. BasnettWest Virginia Supreme Court · 1877
- First National Bank v. CrawfordOhio Superior Court, Cincinnati · 1872
- Philbrick v. DallettThe Superior Court of New York City · 1872
- Treadwell v. LincolnNew York Supreme Court · 1889