Ross v. Bedell
The Superior Court of New York City
This was an action by the plaintiff, as endorsee, against the defendant, as drawer of a bill of exchange. The complaint averred that the bill was drawn by the defendant, ™ the city of New York, on one James Gordon, at the city of Philadelphia, on the 15th of October, 1854, and required Gordon to pay to the order of the defendant, two months after date, the sum. of $1,000, and that the same was-endorsed by the defendant, and delivered to the plaintiff, who purchased the same…
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This was an action by the plaintiff, as endorsee, against the defendant, as drawer of a bill of exchange. The complaint averred that the bill was drawn by the defendant, ™ the city of New York, on one James Gordon, at the city of Philadelphia, on the 15th of October, 1854, and required Gordon to pay to the order of the defendant, two months after date, the sum. of $1,000, and that the same was-endorsed by the defendant, and delivered to the plaintiff, who purchased the same for a valuable, consideration. That Gordon accepted the bill, which was duly presented to him for payment when it became…
1Opinion of the CourtBy the Court. Duer, J.
We think, that the certificate of the notary was properly admitted in evidence, and that, were it excluded, there is still sufficient evidence to entitle the plaintiff, in the first instance, to recover.
It was admitted, upon the argument, that 'the certificate was properly authenticated, according to the laws of Pennsylvania, and we strongly incline to the opinion, that, upon such a question, the law of the state in which payment of the bill is demanded, and the instrument of protest is executed, ought to govern our decision. (Story on Conflict, &c. § 360—on Bills, § 139, § 176; Chitty on…
2Cases cited5 opinions
- Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
- De Peyster v. ClarksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Moore v. TracyNew York Supreme Court · 1831
- Musson v. LakeSupreme Court of the United States · 1846
- Brewster v. Hodges & PeckThe Superior Court of New York City · 1852
3Cited by12 opinions
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Harger v. . WorrallNew York Court of Appeals · 1877
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Robbins v. RichardsonThe Superior Court of New York City · 1857
- Gillespie v. BrooksNew York Surrogate's Court · 1876
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