Schmittler v. . Simon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made March 21,1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. The nature of the action and the material facts are stated in the opinion. The instrument sued upon is a bill of éxchange.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made March 21,1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. The nature of the action and the material facts are stated in the opinion. The instrument sued upon is a bill of éxchange. (Pothier, Blackstone, Kent, Edwards and Story; Luff v. Pope, 5 Hill, 416; 1 Pars, on Notes and Bills, 323; Convren v. Luddy, 31 Penn. St. 509; 6 B. Monr. 179; 4 Den. 358; 2 Wheat. 385; 3 Shepl. 131; 9 Watts, 359; Byles on Bills, 245; Mich. Bk. v.…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff claimed to recover as the holder of a draft, drawn upon and accepted by the defendant, reading as follows:
“New York, February 26, 1877.
“Mr. Adam Simon, executor, will please pay to Johannes Schmittler or his order, on the first day of July, which will be in the year 1879, the sum of $900, with seven per cent interest, to be paid besides this amount yearly, July month, and charge the amount against me and of my mother’s estate.
‘1 WILLIAM J. SCHARER”
Written upon the face: “ Accept, Adam Simon, executor,” and indorsed, “ Pay to the order of Mary Schmittler, the amount…
2Cases cited15 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Brill v. . TuttleNew York Court of Appeals · 1880
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
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3Cited by65 opinions
- Meldon v. DevlinAppellate Division of the Supreme Court of the State of New York · 1898
- Braman v. BramanAppellate Division of the Supreme Court of the State of New York · 1932
- First National Bank v. LightnerSupreme Court of Kansas · 1906
- Schmittler v. . SimonNew York Court of Appeals · 1889
- Ness v. WoodSupreme Court of Minnesota · 1890
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