Harris v. . Clark
New York Court of Appeals
Levi Harris brought assumpsit in the supreme court, against Ralph Clark, Eneas P. Clark and William H. Bradford, executors of the last will and testament of Sidney Smith, deceased. The first count in the declaration was upon a draft for $30,000, dated July 9, 1844, drawn by the deceased upon R. Clark & Co. to the order of Nancy Harris, and by her endorsed to the plaintiff.
Read the full summary
Levi Harris brought assumpsit in the supreme court, against Ralph Clark, Eneas P. Clark and William H. Bradford, executors of the last will and testament of Sidney Smith, deceased. The first count in the declaration was upon a draft for $30,000, dated July 9, 1844, drawn by the deceased upon R. Clark & Co. to the order of Nancy Harris, and by her endorsed to the plaintiff. The count averred the due presentment of the draft, the non-payment thereof by the drawees, and notice to the defendants, concluding with an allegation of the liability of the defendants as executors of the drawer, and a…
1Opinion of the Court
In reply to the argument on the other side, upon the effect of the draft as an assignment of so much of the funds in the hands of the drawees, Mr. O ’Conor proceeded to say in substance—“ Delivery to the donee of such an instrument as will enable him, by force of the instrument itself, to reduce the fund into possession, will suffice,” is the plaintiff’s doctrine. This might safely be conceded. It might even be conceded, that a delivery out of the donor’s control of an instrument without which he could not recover the fund from his debtor or agent, would also suffice. Neither of these effects…
2Cases cited13 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Craig v. CraigNew York Court of Chancery · 1848
- Tiernan v. JacksonSupreme Court of the United States · 1831
- Weston v. BarkerNew York Supreme Court · 1815
- Raymond v. SellickSupreme Court of Connecticut · 1835
8 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- Dougherty v. . SaltNew York Court of Appeals · 1919
76 more not listed; retrieve them via the Exa API.