White's Bank of Buffalo v. Myles
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. The nature of the action and the facts appear sufficiently in the opinion. It was error to receive in evidence the declaration of defendant, made three or four days before his letter was written, for the purpose of proving his intent.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. The nature of the action and the facts appear sufficiently in the opinion. It was error to receive in evidence the declaration of defendant, made three or four days before his letter was written, for the purpose of proving his intent. (Thompson v. Ketchum, 8 J. R, 189; Wolf v. Myers, 3 Sand., 7; Sinclair v. Jackson, 8 Cow., 543; Ellmaker v. Franklin F. Ins. Co., 5 Barr [Pa.], 183;…
1Opinion of the CourtEarl, J.
This is a suit to recover of the defendant the amount of six drafts drawn by one Franklin D. Cummer, and discounted for him by the plaintiff. The suit is founded upon the following letter of credit:
“ Toronto, 27th March, 1871.
“ F. Gridlet, Esq., Cashier White’s Bank of Buffalo :
“Dear Sir — Please discount for Mr. Cummer to the extent of $4,000. He will give you customers’ paper as collateral. You can also consider me responsible to the bank for the same. Yours truly,
“ W. MYLES.”
The plaintiff recovered, and the defendant seeks to reverse the judgment upon several grounds, which I will briefly…
2Cases cited4 opinions
- French v. . CarhartNew York Court of Appeals · 1847
- Bridger v. . PiersonNew York Court of Appeals · 1871
- Gates v. . McKeeNew York Court of Appeals · 1855
- Field v. . MunsonNew York Court of Appeals · 1872
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- Monroe Ready Mix Concrete, Inc. v. Westcor Development Corp.Supreme Court of Connecticut · 1981
- Looney v. BelcherSupreme Court of Virginia · 1937
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