Bank of Michigan v. Ely
New York Supreme Court
This was an action of assumpsit against the defendant, as the acceptor of five bills of exchange, of $1000 each, dated on live several and distinct days in March 1832, payable severally live months after date. The bills were drawn by two individuals by the names of Beach and Hudson, who transacted business for the defendant as his agent in Ohio in the purchase of wheat, which was transmitted to Rochester, in this state, where the defendant carried on business.
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This was an action of assumpsit against the defendant, as the acceptor of five bills of exchange, of $1000 each, dated on live several and distinct days in March 1832, payable severally live months after date. The bills were drawn by two individuals by the names of Beach and Hudson, who transacted business for the defendant as his agent in Ohio in the purchase of wheat, which was transmitted to Rochester, in this state, where the defendant carried on business. The Bank of Michigan supplied the defendant, from time to time,, with funds in the. prosecution of this business, to large amounts…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It is objected that the acceptance of the defendant, under the circumstances of the case, is not within the provisions of the revised statutes, however obligatory it may be upon the principles of the commercial law. The provisions of the statute (1 R. S. 768), are as follows: § 6. No person within this state, shall be charged, as an acceptor on a bill of exchange, unless his acceptance shall be in writing, signed by himself or his lawful agent. § 7. If such acceptance be written on a 'paper other than the bill, it shall not bind the acceptor except in favor of a…
2Cases cited1 opinion
- Ontario Bank v. WorthingtonNew York Supreme Court · 1834
3Cited by15 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Ulster County Bank v. McFarlanCourt for the Trial of Impeachments and Correction of Errors · 1846
- Barney v. . WorthingtonNew York Court of Appeals · 1867
- Germania National Bank of New Orleans v. TaaksNew York Court of Appeals · 1886
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