Exeter Bank v. Gordon
Superior Court of New Hampshire
Trover. This action was tried upon the general issue at February term, 1834, when it appeared that the defendant, being possessed of the articles mentioned in the declaration, on the 9th of February, 1826, by his deed conveyed the same to the plaintiffs, under a condition that if lie should pay them one thousand dollars, according to the tenor of his note of hand, dated April 1, 1822, and made payable in sixty' days from said date, with interest after, then the deed to be…
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Trover. This action was tried upon the general issue at February term, 1834, when it appeared that the defendant, being possessed of the articles mentioned in the declaration, on the 9th of February, 1826, by his deed conveyed the same to the plaintiffs, under a condition that if lie should pay them one thousand dollars, according to the tenor of his note of hand, dated April 1, 1822, and made payable in sixty' days from said date, with interest after, then the deed to be void. It further appeared, that the goods were left in the possession of the defendant, who being requested, previous to…
1Opinion of the Court
RichaRdson, G. J.,
delivered the opinion of the court.*
With respect to the two drafts upon H. G. Nelson, en*78dorsed and delivered to the cashier of the bank by Stephen L. Gordon, there seems to have been no neglect on the part of the bank. The drafts were duly presented and protested for non-acceptance, and notice of the non-acceptance given to S. L. Gordon. This was all the bank was bound to do. The acceptance having been refused, it was not necessary to present the drafts for payment. Bayley on Bills 215; 3 John. 202, Mason vs. Franklin; 8 Mass. R. 460, Lenox vs. Cook; Douglas 55, Milford vs.…
2Cases cited6 opinions
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Kingman v. PierceMassachusetts Supreme Judicial Court · 1821
- Todd v. CrookshanksNew York Supreme Court · 1808
- Mason v. FranklinNew York Supreme Court · 1808
- Clowes v. HawleyNew York Supreme Court · 1815
1 more not listed; retrieve them via the Exa API.