Suydam v. Westfall
New York Supreme Court
On error from the supreme court. The plaintiffs in error brought assumpsit in the court below against the partners of the firm of Norton, Bartle & McNeil, and. the defendant West-fall, to recover the amount of a bill of exchange drawn by the defendants upon the plaintiffs which the latter had accepted and paid at maturity to the holders.
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On error from the supreme court. The plaintiffs in error brought assumpsit in the court below against the partners of the firm of Norton, Bartle & McNeil, and. the defendant West-fall, to recover the amount of a bill of exchange drawn by the defendants upon the plaintiffs which the latter had accepted and paid at maturity to the holders. The cause was first tried in February, 1842, when the plaintiffs had a verdict which was afterwards set aside by the supreme court and a new trial granted. For ¿he facts, proved and the opinion of the court below on that occasion, see 4 Hill, 211. Before the…
1Opinion of the Court
Bockee, Senator.
It is an elementary rule of law, that the acceptor of a bill of exchange stands in the same relation to the drawer that the maker of a promissory note does to the payee and endorsee. The acceptance is prima facie evidence of funds in the hands of the drawee, and payment discharges the obligation and cancels the security. The bill has regularly performed its office, and becomes null as to all the parties. The drawers *210are as fully discharged as the endorsers of a promissory note would be on payment by the maker.
Such would be the consequence arising upon the face of this…
2Cases cited1 opinion
- Griffith v. ReedNew York Supreme Court · 1839
3Cited by13 opinions
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- Pomeroy v. . TannerNew York Court of Appeals · 1877
- Dickerson v. TurnerIndiana Supreme Court · 1860
- Wright v. . GarlinghouseNew York Court of Appeals · 1863
- Gillespie v. CampbellU.S. Circuit Court for the Northern District of Illnois · 1889
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