Franklin v. Vanderpool
The Superior Court of New York City
' Assumpsit upon a bank check, drawn by the.defendant on the Franklin Bank of the City of New-York,' made payable to cash or bearer, and delivered to the plaintiffs by the defendant., , The declaration contained- a count upon the check, together with the common money-counts. • The cause was tried before Mr. Justice Hoffman, on the 12th day of July* 1828.On the trial, the plaintiffs produced and prov-r ed the check and read the same in evidence. . They also proved, that the…
Read the full summary
' Assumpsit upon a bank check, drawn by the.defendant on the Franklin Bank of the City of New-York,' made payable to cash or bearer, and delivered to the plaintiffs by the defendant., , The declaration contained- a count upon the check, together with the common money-counts. • The cause was tried before Mr. Justice Hoffman, on the 12th day of July* 1828.On the trial, the plaintiffs produced and prov-r ed the check and read the same in evidence. . They also proved, that the defendant had no funds in the Franklin Bank, either on the day of the date of the check, or at any time afterwards; and…
1Opinion of the CourtOakley, J.
This was an action of assumpsit on a check, .drawn by the defendant on the Franklin Bank, dated March the 11th, 1828, and payable to bearer.
The declaration contained a count on the check and the common money counts. The check was given in evidence, and the plaintiffs proved, that the defendant had no funds in the bank, either at the date of the check or at any time since, and has kept no account in the bank for the last year.
The defendant contended, that a presentment of the check at the bank for payment must be proved. The judge ruled that it was not necessary, and a verdict was taken for…
2Cases cited3 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Union Bank v. HydeSupreme Court of the United States · 1821
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
3Cited by7 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Beauregard v. KnowltonMassachusetts Supreme Judicial Court · 1892
- Compton v. GilmanWest Virginia Supreme Court · 1882
- Foster v. PaulkSupreme Judicial Court of Maine · 1856
- Cannata v. HoagDistrict Court, W.D. Washington · 2022
2 more not listed; retrieve them via the Exa API.