Bradford v. Fox
New York Supreme Court
Appeal from a judgment. This action was brought by George P. Bradford, M. Furman Hunt, John T. Clark, and Isaac P. Rogers, against Edward Fox, to recover $75, for goods sold.
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Appeal from a judgment. This action was brought by George P. Bradford, M. Furman Hunt, John T. Clark, and Isaac P. Rogers, against Edward Fox, to recover $75, for goods sold. On the 30th of March, 1857, the plaintiffs left the account with an attorney for collection : on the 7th April defendant gave the attorney a check to the plaintiffs’ order for seventy-five dollars: on the 8th April the plaintiffs sent the check to the bank on which it was drawn, to be certified, but the paying teller declined to certify it. On the evening of the same day the summons in this action was served. At the…
1Opinion of the CourtIngraham, J.
The plaintiffs sold defendant a bill of goods, for which they received defendant’s check, and gave a receipt on the bill. The check was sent to the bank with a request to certify the check, which was refused and the check returned. No demand of payment was made. On the return of the check, notice was given to the defendant, and the present action brought on the original cause of action. Upon the trial, the plaintiffs produced the check and offered to cancel it. The court held that payment of the check should have been demanded, and rendered,—-judgment for defendant. The plaintiffs appeal from…
2Cases cited2 opinions
- Cromwell v. LovettThe Superior Court of New York City · 1828
- Otis v. HarrisonNew York Supreme Court · 1862
3Cited by4 opinions
- First National Bank v. McConnellSupreme Court of Minnesota · 1908
- Wachtel v. RosenNew York Court of Appeals · 1928
- Wachtel v. RosenAppellate Division of the Supreme Court of the State of New York · 1928
- Wachtel v. RosenNew York Supreme Court · 1927