Bangs v. Mosher
New York Supreme Court
PPEAL from a judgment rendered at the Genesee circuit in October, 1854, before Mr. Justice Greene. The action was tried by the court, without a jury, and judgment rendered in favor of the plaintiff.
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PPEAL from a judgment rendered at the Genesee circuit in October, 1854, before Mr. Justice Greene. The action was tried by the court, without a jury, and judgment rendered in favor of the plaintiff. On the trial, a stipulation was read in evidence, signed by the attorneys for the respective parties, by which the following facts were admitted : 1. That the Genesee Mutual Insurance Company is a corporation duly organized under an act of the legislature of the state of New York, passed May 3,1836, and having its place of business at Le Boy in the county of Genesee. 2. That the defendant, Isaac…
1Opinion of the Court
By the Court, Welles, J.
The draft or check of Sobermerhorn, upon the Ontario Bank, was received by Summerfield in payment of the demand in question. This expressly appears on the face of the receipt: and no attempt has been made, to show by evidence, that any intention existed to receive it otherwise than as payment—if, indeed, such evidence would have been admissible'—or to show any fraud on the part of Schermerhorn. The draft was negotiable and payable on time. It was, in legal effect, an inland bill of exchange. The effect of the transaction was, at least, to suspend the right of action of…
2Cases cited1 opinion
- Tobey v. BarberNew York Supreme Court · 1809
3Cited by11 opinions
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Place v. . McIlvainNew York Court of Appeals · 1868
- United States v. American Bonding & Trust Co. of Baltimore CityCourt of Appeals for the Fourth Circuit · 1898
- Sayre v. KingWest Virginia Supreme Court · 1880
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896
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