Purchase v. Mattison
The Superior Court of New York City
This case came before the General Term upon a verdict taken subject to the opinion of the court on a case to be made, and ordered to be heard in the first instance at the General Term.
Read the full summary
This case came before the General Term upon a verdict taken subject to the opinion of the court on a case to be made, and ordered to be heard in the first instance at the General Term. The cause was tried before Oakley, Chief-Justice, and a jury, in November, 1856. The action was brought upon two checks drawn by the defendants, as partners, by their firm name of Mattison & Go., upon the Mechanics’ Bank, dated August 13th, 1856, payable to bearer, and each for the sum of two hundred dollars. The complaint, among other things, stated presentment of the checks, non-payment, and notice to the…
1Opinion of the CourtBy the Court. Woodruff, J.
The ground of defence we deem it material first to notice, is, that the plaintiff did not prove service of notice of non-payment of the checks, as alleged in the complaint. If we deemed it necessary to rest this objection upon the question whether such notice was proved, it would be only giving a reasonable interpretation to the testimony of the witness Wheaton, to say that his conversation with one of the defendants imported notice of the non-payment of the checks. But it was not necessary to prove notice under the pleadings, for two reasons :—
First. Had the plaintiff simply averred demand,…
2Cases cited2 opinions
- Ogden v. CowleyNew York Supreme Court · 1807
- Williams v. MatthewsNew York Supreme Court · 1824
3Cited by5 opinions
- Usher v. A. S. Tucker Co.Massachusetts Supreme Judicial Court · 1914
- Evans v. Speer Hardware Co.Supreme Court of Arkansas · 1898
- Bulena v. NewmanSuperior Court of Buffalo · 1894
- Bradley Fertilizer Co. v. LathropCity of New York Municipal Court · 1886
- Button v. Rathbone, Sard & Co.New York Court of Appeals · 1889