Ontario Bank v. Worthington
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit in October, 1830, before the Hon. Nathan Williams, then one of the circuit judges. The plaintiffs declared on a bill of exchange, bearing date 28th October, 1829, drawn by Horace Putnam on the defendant, for $620, payable to the order of Charles Stokes, 60 days after date ; which bill was transferred by the payee to Jay Hathaway, and by him to the plaintiffs.
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This was an action of assumpsit, tried at the Oneida circuit in October, 1830, before the Hon. Nathan Williams, then one of the circuit judges. The plaintiffs declared on a bill of exchange, bearing date 28th October, 1829, drawn by Horace Putnam on the defendant, for $620, payable to the order of Charles Stokes, 60 days after date ; which bill was transferred by the payee to Jay Hathaway, and by him to the plaintiffs. The bill was alleged to have been accepted on the day of its date. On the trial of the cause, it was proved by Putnam, the drawer of the bill, that on the 27th September…
1Opinion of the Court
By the Court,
Savage, Ch. J.
As the verdict of the jury was in part founded upon the testimony of Hathaway, the first question to be considered is, whether he was a competent witness. W as he interested ? Who was the beneficial owner of the drafl, and the plaintiff in interest in the cause? Tfrie president of the bank testified that the bank had no interest in the matter — and it had not, because Hathaway, for whose benefit the draft was discounted, had virtually paid it, and had indemnified the bank against the costs. Nominally, however, the bank were the owners : and for the purpose,…
2Cases cited2 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Jones v. SavageNew York Supreme Court · 1831
3Cited by18 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Manning v. McClureIllinois Supreme Court · 1865
- Bank of Michigan v. ElyNew York Supreme Court · 1837
- Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
- Foster v. NewlandNew York Supreme Court · 1839
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