Cowing v. Altman
New York Supreme Court
This is an action on a check against the drawer; the check was made and dated at Buffalo, March 8,1871, to the order of Edwin A. Holbrook, and deposited with his attorney to be subsequently delivered to him.
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This is an action on a check against the drawer; the check was made and dated at Buffalo, March 8,1871, to the order of Edwin A. Holbrook, and deposited with his attorney to be subsequently delivered to him. It was delivered on the 2d day of May, 1872, and presented on the next day, May 3d, to the Third National Bank of Buffalo, upon which" it was drawn by the Marine Bank "of said city to which it had been transferred for value and payment refused The action was tried at the circuit in Erie county, in April, 1873, 'where a verdict was directed for the plaintiff and the case ordered to the…
1Opinion of the CourtE. D. Smith, J.
The circuit'' judge erred, I think, in taking the case from the jury and directing a verdict for the plaintiff. When this check was presented by Clark to the Marine Bank, and received by it in payment of a note due from him to said bank, it appeared upon its face to be overdue. The bank could not seriously claim that they took it in the ordinary course of business, and without notice that it was overdue, and without reasonable ground to believe that there was some question in respect to its validity, or some defense to it on the part of the drawer. The officers of every bank in this State, I…
2Cases cited2 opinions
- Vairin v. Hobson & Co.Supreme Court of Louisiana · 1835
- Herrick v. WoolvertonNew York Supreme Court · 1864