Tebbetts & Pearce v. Dowd
New York Supreme Court
Error from the superior court of the city of New-York. This was aa action of assumpsit brought by Dowd against Tebbetts and Pearce on a bank check dated 28th March, 1837, drawn by Pearce on the Bank of America, payable to the order of Tebbetts, and endorsed by the latter. The plaintiff declared against the defendants jointly on the money counts, and subjoined to the declaration a copy of the check. Tebbetts alone appeared and pleaded non-assumpsit.
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Error from the superior court of the city of New-York. This was aa action of assumpsit brought by Dowd against Tebbetts and Pearce on a bank check dated 28th March, 1837, drawn by Pearce on the Bank of America, payable to the order of Tebbetts, and endorsed by the latter. The plaintiff declared against the defendants jointly on the money counts, and subjoined to the declaration a copy of the check. Tebbetts alone appeared and pleaded non-assumpsit. On the trial it was proved that Pearce had not any funds in the Bank of America during the year 1837. A witness for the plaintiff testified that a…
1Opinion of the Court
After advisement, the following opinions were delivered :
By Cowen, J.
The ¡question is, whether an explicit promise by a drawer or endorser of a hill or note, will of itself dispense with the usual direct proof of regular demand and notice. That it will, has been the settled and undisputed law, as understood and acted upon at Westminster Hall for more than a century. The rule was laid down by Raymond, Ch. J. in Haddock v. Bury, Trin. 3. Geo. 2 A. D. 1730, as follows: “If the endorsee has neglected to demand of the drawer in a convenient time a subsequent promise to pay by the endorser, will…
2Cases cited22 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
- Jones v. SavageNew York Supreme Court · 1831
- Northrup v. FootNew York Supreme Court · 1835
17 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- Sheldon v. . HortonNew York Court of Appeals · 1870
- Meyer v. . HibsherNew York Court of Appeals · 1872
- Aebi v. Bank of EvansvilleWisconsin Supreme Court · 1905
- Martin v. LennonSupreme Court of Minnesota · 1872
44 more not listed; retrieve them via the Exa API.