Mechanics' Bank v. Livingston
New York Supreme Court
THIS was an action by the plaintiff against the defendants as acceptors of a draft, of which the following is a copy: “$600. Syracuse, Dec. 27, 1858. Two months after date, pay to the order of E. B. Meeks, esq., cashier &c., sis hundred dollars, value rec’d, and charge the same to the account of J. P. & I. T. Ballard. To Messrs. Livingston & Ballard, 46 Water st. Hew York.”
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THIS was an action by the plaintiff against the defendants as acceptors of a draft, of which the following is a copy: “$600. Syracuse, Dec. 27, 1858. Two months after date, pay to the order of E. B. Meeks, esq., cashier &c., sis hundred dollars, value rec’d, and charge the same to the account of J. P. & I. T. Ballard. To Messrs. Livingston & Ballard, 46 Water st. Hew York.” Written across the face as follows : “Accepted, Livingston & Ballard.' It appeared on the trial that originally J. P. Ballard was a member of the firms “J. P. &T. T. Ballard,” and “Livingston & Ballard,” J, P. & I. T.…
1Opinion of the CourtMorgan, J.
The acceptances before as well as after the dissolution of the firm of Livingston & Ballard, were accommodation acceptances, so far as Livingston was concerned, and he was under no legal obligation to continue them; and as between himself and Ballard, the acceptance in question was, I think, without authority.
*462But there is no evidence that satisfies me that the plaintiff had notice of the dissolution of the firm, or of the circumsstances under which the acceptances were made after its dissolution. And it makes no difference that this is accommodation paper, so far as the liability of the…
2Cases cited6 opinions
- Grant v. EllicottNew York Supreme Court · 1831
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Warder v. TuckerMassachusetts Supreme Judicial Court · 1811
- Bank of Rochester v. MonteathCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ontario Bank v. WorthingtonNew York Supreme Court · 1834
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3Cited by5 opinions
- Iselin v. Chemical National BankNew York Supreme Court · 1896
- Colcord v. Banco De TamaulipasAppellate Division of the Supreme Court of the State of New York · 1918
- National Shoe & Leather Bank v. HerzNew York Supreme Court · 1881
- Philbrick v. DallettThe Superior Court of New York City · 1872
- Treadwell v. LincolnNew York Supreme Court · 1889