Merchants' Bank of Canada v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Warren County. Action by the Merchants’ Bank of Canada against Louis M. Brown and another, executors of William E. Spier, deceased. From a judgment on a verdict for plaintiff, and from an order denying a new trial on the minutes, defendants appeal.
Read the full summary
Appeal from Trial Term, Warren County. Action by the Merchants’ Bank of Canada against Louis M. Brown and another, executors of William E. Spier, deceased. From a judgment on a verdict for plaintiff, and from an order denying a new trial on the minutes, defendants appeal. The action is upon a promissory note made by the Republic Power & Cyaniding Company, dated Montreal, March 1, 1901, payable six months after date, to the order of that company, at the Merchants’ Bank of Canada, in Montreal, which is indorsed by that company, by William E. Spier, defendants’ testator, and by A. A. Ayer. Spier…
1Opinion of the CourtChester, J.
The note, having been made in Canada and being: by its terms payable there, was a contract governed by the law of that dominion. Merchants’ Bank v. Griswold, 72 N. Y. 472, 28 Am. Rep, 159; Union National Bank v. Chapman, 179 N. Y. 538, 62 N. E. 672,
The bills of exchange act in Canada (53 Vict. c. 33, § 49) provides-in relation to notice of dishonor of bills and notes:
“Notice of dishonor, in order to be valid and effectual, must be given in accordance with the following rules: * * * Where the drawer or indorser is dead, and the party giving notice knows it, the notice must be given to a…
2Cases cited3 opinions
- Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
- Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878
- Struthers v. Kendall & SonSupreme Court of Pennsylvania · 1862
3Cited by1 opinion
- Donnelly v. GarvanSupreme Court of Connecticut · 1930