Streever v. . Bank of Fort Edward
New York Court of Appeals
Appeal -from the judgment of the Supreme Court in the fourth district, reversing a judgment for the defendant upon the report of a referee.
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Appeal -from the judgment of the Supreme Court in the fourth district, reversing a judgment for the defendant upon the report of a referee. On the 2d day of June, 1858, Joseph Streever was the holder and owner of a draft on the canal department, given in pursuance of chapter 365 of the Laws of 1857, drawn by Charles H. Sherrill, canal commissioner, for $6,000.12, dated December 23, 1857, and payable July 1,1858, without interest ; and being such owner, he offered the same to the defendant for discount, claiming that the holder was entitled to interest thereon from its date. Defendants said…
1Opinion of the Court
Peckham, J.. On the 1st day of July, 1858, there was due to the plaintiff’s assignor, for interest on the draft of $6,000.12 drawn on the State, $188. Prior thereto, and on the 2d day of June, 1858, the defendant had discounted the draft, except said interest, and the assignor indorsed it. The draft was not paid at maturity, i. e., the 1st day of July, 1858; but in July, 1859, the defendant received from the State $547.40 for interest thereon,, at six per cent, under a statute passed after the date of the draft, but prior to its discount; and on the 28th of December, 1859, the defendant…
2Cases cited3 opinions
- Fintard v. TackingtonNew York Supreme Court · 1813
- Des Arts v. . LeggettNew York Court of Appeals · 1858
- Wells v. WhiteheadNew York Supreme Court · 1836
3Cited by1 opinion
- Banning v. BleakleySupreme Court of Louisiana · 1875