Legal Opinion

Green v. Goings

New York Supreme Court

Decided January 7, 1850PublishedCited by 6 opinions

This suit, commenced in 1845, was brought by the plaintiff as indorser against the defendant as acceptor of a draft, of which the following is a copy, with the indorsements: “ $450. Canton, 1st April, 1842. Sixty-five days after date, please pay to the order of S. K. Green & Brother four hundred and fifty dollars, and charge to the account of yours, &c. value rec’d. Roswell Green. To Mr. Charles Goings, Syracuse.” (Indorsed) “ S. K. Green & Brother Simeon D. Moody.”

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This suit, commenced in 1845, was brought by the plaintiff as indorser against the defendant as acceptor of a draft, of which the following is a copy, with the indorsements: “ $450. Canton, 1st April, 1842. Sixty-five days after date, please pay to the order of S. K. Green & Brother four hundred and fifty dollars, and charge to the account of yours, &c. value rec’d. Roswell Green. To Mr. Charles Goings, Syracuse.” (Indorsed) “ S. K. Green & Brother Simeon D. Moody.” It was accepted on its face thus“ Accepted, payable at Onondaga Co. B’k. Ap. 30, 1842. Charles Goings.” The defendant pleaded…

1Opinion of the Court

By the Court, Hand, J.

I do not think the record of the judgment in favor of the Lewis County Bank against the parties to the draft was evidence of presentment, demand, and notice, for one of the parties to the draft against another. In connection with the execution and other proof it was not admissible to show that the plaintiff had paid the draft after it was in judgment. The 7th section of 11 An act regulating suits on bills of exchange and promissory notes,” passed April 25, 1832, (Laws of 1832, p. 489,) declares that “ the rights and responsi*655bilities of the several parties to any such…

2Cases cited3 opinions

  1. Bank of United States v. SmithSupreme Court of the United States · 1826
  2. Fullerton v. President of the Bank of the United StatesSupreme Court of the United States · 1828
  3. Foden v. SharpNew York Supreme Court · 1809

3Cited by6 opinions

  1. Indig v. . National City BankNew York Court of Appeals · 1880
  2. President & Directors of the Bank of Commerce v. Rutland & Washington RailroadNew York Supreme Court · 1854
  3. Barker v. CassidyNew York Supreme Court · 1853
  4. Place v. Union Express Co.New York Court of Common Pleas · 1858
  5. Kendall v. BrownsonSupreme Court of New Hampshire · 1866

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