Kahnweiler v. . Anderson
Supreme Court of North Carolina
Civil ActioN, tried at Jane Special Term, 1877, of New TIanover Superior-Court, before Seymour, J. The demurrer of defendant admits the facts as alleged in the complaint, and they are these:— On the 30th of July, 1861, David, Daniel and Jacob Kahnweiler were merchants and co-partners in business in the City of "Wilmington, North Carolina, under the name of Kahnweiler & Brothers, and on that day were indebted to the plaintiff, Karl Kahnweiler, in the sum of $1900, the said…
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Civil ActioN, tried at Jane Special Term, 1877, of New TIanover Superior-Court, before Seymour, J. The demurrer of defendant admits the facts as alleged in the complaint, and they are these:— On the 30th of July, 1861, David, Daniel and Jacob Kahnweiler were merchants and co-partners in business in the City of "Wilmington, North Carolina, under the name of Kahnweiler & Brothers, and on that day were indebted to the plaintiff, Karl Kahnweiler, in the sum of $1900, the said Karl being then a citizen and resident of the City and State of New York. On the said day the defendant, Anderson, applied…
1Opinion of the Court
The general question is much discussed by the text-writers and the decisions, whether a bill of exchange, though drawn upon the whole of a specific fund to the credit of the drawer, of itself can operate as an equitable assignment of the fund, unless the drawee elects to pay the bill; and a distinction is drawn between a draft or order so drawn, which all admit does constitute such an assignment, and a bill of exchange, which many deny does so operate. Both instruments being negotiable, the distinction in their effect as applied to the vast dimensions and activity of modern commerce seems too…
2Cases cited8 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Harris v. . ClarkNew York Court of Appeals · 1849
- Tiernan v. JacksonSupreme Court of the United States · 1831
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
- Bank of Commerce v. BogySupreme Court of Missouri · 1869
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3Cited by7 opinions
- Harrison v. WrightIndiana Supreme Court · 1885
- Lynn v. . LoweSupreme Court of North Carolina · 1883
- First National Bank v. Rogers-Amundson-Flynn Co.Supreme Court of Minnesota · 1922
- Pennell v. EnnisMissouri Court of Appeals · 1907
- King v. Powell.Supreme Court of North Carolina · 1900
2 more not listed; retrieve them via the Exa API.