Jones v. Smith
New York Supreme Court
THE plaintiff is the third indorser,- and the ownér of a cer.tain bill of exchange, drawn upon and accepted by the defendant. The bill of exchange, on which this action is founded, is as follows : $218.67. “Nassau, N, P. November 19th, 1864. 'W. Higbie Smith, Esq., 171 Pearl street, New York. Sir: At one day’s sight, pay to the order of Messrs.
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THE plaintiff is the third indorser,- and the ownér of a cer.tain bill of exchange, drawn upon and accepted by the defendant. The bill of exchange, on which this action is founded, is as follows : $218.67. “Nassau, N, P. November 19th, 1864. 'W. Higbie Smith, Esq., 171 Pearl street, New York. Sir: At one day’s sight, pay to the order of Messrs. Sands & Son, the sum- of two hundred and eighteen dollars sixty-seven' cents, in specie or its equivalent, being in lieu of a draft, said not to have been received, dated June 4th, 1864, balance of freight money as per account rendered for schooner…
1Opinion of the Court
■ Sutherland, J.
The bill of exchange upon which this action was brought was drawn at Nassau, New Providence, on the defendant at New York city, and was accepted by the defendant, and indorsed, to the plaintiff before acceptance and before maturity. By the bill the defendant was directed and required to pay at one day’s sight, to the order of Messrs. Sands & Son, (a New York firm,) “ the sum of two hundred and eighteen 67-100 dollars, in specie or its equivalent, being,” &c.
In my opinion, it inevitably follows from the act of congress, commonly called the legal tender act, and from the…
2Cases cited1 opinion
- Rodes v. . BronsonNew York Court of Appeals · 1866
3Cited by2 opinions
- Church v. HowardNew York Supreme Court · 1879
- Church v. HowardNew York Supreme Court · 1879