Risley v. Phœnix Bank
New York Supreme Court
Appeal from a judgment dismissing the complaint at the Circuit, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried.
1Opinion of the Court
Brady, J.:
The plaintiff held a check drawn by the Bank of Georgetown, South Carolina, upon the defendants, for the sum of $10,000. It was dated May 20, 1861, and was drawn to the order of the plaintiff, for a valuable consideration. On January 4, 1865, it was presented to the defendant for payment, and its cashier said: “ The drawer’s signature is correct; the check is good; we have the funds and will pay the amount, but you must be identified as the payee of the check.” The plaintiff was properly identified, and the check again presented on the 5th of January, 1865, and on subsequent days,…
2Cases cited6 opinions
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Chapman v. . WhiteNew York Court of Appeals · 1852
- Lunt v. Bank of North AmericaNew York Supreme Court · 1867
- Duncan v. . BerlinNew York Court of Appeals · 1875
- Jackson ex dem. Pearson v. HouselNew York Supreme Court · 1820
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