Dickerson v. Wason
New York Supreme Court
OK the 21st July, 1863, the plaintiffs were the owners of a promissory note, made by R P. Myers of Cleveland, for $316.45, payable to the order of L. A. Carmer, and by him indorsed in blank. This note matured August 27, 1863. On the 21st July the plaintiffs indorsed the note and deposited it with Van Saun & Son, in Kew York city, for collection.
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OK the 21st July, 1863, the plaintiffs were the owners of a promissory note, made by R P. Myers of Cleveland, for $316.45, payable to the order of L. A. Carmer, and by him indorsed in blank. This note matured August 27, 1863. On the 21st July the plaintiffs indorsed the note and deposited it with Van Saun & Son, in Kew York city, for collection. On the next day Van Saun & Son sent it in a letter to Wason, Everett & Co., the defendants, stating, “inclosed we hand you for collection, *. * * and when paid remit proceeds in draft on Kew York,” &c. “ Protest if not paid:” “ Please report…
1Opinion of the CourtGeo. G. Barnard, J.
This ease was once before the general term of this district. At that time the judgment was set aside, and a new trial ordered. The opinion of the justice decided that the plaintiff could not recover. On the second trial a judgment was ordered for the defendant. I think it was right. (48 Barb. 412.)
The judgment should be affirmed, with costs.
2Cases cited1 opinion
- Dickerson v. WasonNew York Supreme Court · 1867
3Cited by1 opinion
- Dod v. Fourth National BankNew York Supreme Court · 1871