Thomas v. . Supervisors of Westchester Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made on the first Tuesday of June, 1887, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover an indebtedness of the county of Westchester to the Willard Asylum for the Insane, The answer alleged payment. The material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made on the first Tuesday of June, 1887, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover an indebtedness of the county of Westchester to the Willard Asylum for the Insane, The answer alleged payment. The material facts are stated in the opinion. The only remedy of plaintiff, if its claim has not been paid, was to apply to the court for a writ of mandamus to compel the board of…
1Opinion of the CourtFinch, J.
The indebtedness of the county of Westchester to the Willard Asylum is not 'disputed, but the controversy arises over the defense of payment. On October 1, 1.884, the' treasurer of the asylum sent a bill to the county requesting that its amount be remitted by draft with exchange on Yew York. Instead of so doing, the county treasurer returned his check as such, dated October thirty-first,' drawn upon J. M. Masterton & Co., bankers, at Mount Vernon, Y. Y. The check was received by the asylum on Yovember third. On that day, and on the assumption that the check would lie paid, the treasurer of…
2Cases cited3 opinions
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- Burkhalter v. . the Second Nat. BankNew York Court of Appeals · 1870
- Roberts v. . FisherNew York Court of Appeals · 1870
3Cited by15 opinions
- Morgan v. StateNebraska Supreme Court · 1897
- Alexiou v. Bridgeport-Peoples' Savings BankSupreme Court of Connecticut · 1930
- Kennedy v. County of QueensAppellate Division of the Supreme Court of the State of New York · 1900
- Bassett v. Merchants Trust Co.Supreme Court of Connecticut · 1934
- United States Pipe & Foundry Co. v. City of HornellNew York Supreme Court · 1933
10 more not listed; retrieve them via the Exa API.