Cowperthwaite v. . Sheffield
New York Court of Appeals
' Cowperthwaite, for the benefit of the Bank of England, brought assumpsit in the superior court of the city of New-York against Sheffield & Co. as the second indorsers of two bills of On the trial exchange^ Plea, the general issue, and payment, before Oakley, J. the plaintiff had a verdict, on which the superior court rendered judgment.
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' Cowperthwaite, for the benefit of the Bank of England, brought assumpsit in the superior court of the city of New-York against Sheffield & Co. as the second indorsers of two bills of On the trial exchange^ Plea, the general issue, and payment, before Oakley, J. the plaintiff had a verdict, on which the superior court rendered judgment. The defendants appealed to this court,] The facts are stated in the opinion of Hurlbut, J. See also 1 Sandford’s Superior Court Reports, where the case is stated with fuller details. I. The bills were drawn against a shipment of cotton, by the drawers to the…
1Opinion of the CourtHurlbut, J.
The bill of exceptions in the present case does not properly present the question which was argued at the bar, as to the sufficiency of the notice of dishonor of the bills which are the subject of this suit. When the plaintiff rested his case, he had given what he deemed sufficient proof of such notice, but he may not have exhausted all the evidence in his power If the defendants designed to make a point as to the sufficiency of the proof delivered, they should have objected against it specifically, and pointed out the defects which they conceived to exist in this branch of the case, in order…
2Cases cited2 opinions
- Whiteside v. JacksonNew York Supreme Court · 1828
- Gillett v. CampbellCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by16 opinions
- Munger v. . ShannonNew York Court of Appeals · 1874
- Murphy v. . People of the State of N.Y.New York Court of Appeals · 1876
- Grammel v. CarmerMichigan Supreme Court · 1884
- Chapman v. . WhiteNew York Court of Appeals · 1852
- First National Bank of Milwaukee v. FinckWisconsin Supreme Court · 1898
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