Niagara District Bank v. Fairman & Willard Machine Tool Manufacturing Co.
New York Supreme Court
THIS was an appeal from a judgment ordered at a special term, after a trial at the circuit by the court, without a jury. The action was brought against the defendant, which is a manufacturing corporation, incorporated under the general manufacturing law of this state, as the drawer of a bill of exchange, drawn upon the firm of A. Yerrington & Oo. The defendant had its place of business in the city of Rochester. A. Yerrington & Oo. resided at Cobourg, in Upper Canada.
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THIS was an appeal from a judgment ordered at a special term, after a trial at the circuit by the court, without a jury. The action was brought against the defendant, which is a manufacturing corporation, incorporated under the general manufacturing law of this state, as the drawer of a bill of exchange, drawn upon the firm of A. Yerrington & Oo. The defendant had its place of business in the city of Rochester. A. Yerrington & Oo. resided at Cobourg, in Upper Canada. The draft was drawn by J. W. Bissell, describing himself as treasurer of the defendant, payable to the order of himself,…
1Opinion of the Court
By the Court, E. Darwin Smith, J..The acceptance of the draft in this case by the drawees, by writing their copartnership name upon it, was a proper acceptance according to the terms of the bill. Upon this acceptance the holders would have been bound to present the bill for payment to the acceptors, at their place of residence at Cobourg. But this acceptance is of no avail to the plaintiff, for it is-not pretended that it was at all acted upon by presentment at that place, or protested for non-payment upon -personal demand of .the acceptors at their place of residence. .
The -rights -of the…
2Cases cited5 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Taylor v. SnyderNew York Supreme Court · 1846
- Anderson v. DrakeNew York Supreme Court · 1817
- Walker v. Bank of New-YorkNew York Supreme Court · 1852
- Troy City Bank v. . LaumanNew York Court of Appeals · 1859
3Cited by1 opinion
- Shuler v. GilletteNew York Supreme Court · 1877