Rockwell v. Dye
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Asa E. Dye, as administrator, etc., of Elisha E. Dye, deceased, from a judgment of the County Court of Chautauqua county, entered in the office of the clerk of the county of Chautauqua on the 26th day of January, 1899, reversing a judgment of nonsuit rendered by a justice of the peace.
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Appeal by the defendant, Asa E. Dye, as administrator, etc., of Elisha E. Dye, deceased, from a judgment of the County Court of Chautauqua county, entered in the office of the clerk of the county of Chautauqua on the 26th day of January, 1899, reversing a judgment of nonsuit rendered by a justice of the peace. The conceded facts of this case, ivliich arose in a Justice’s Court, are as follows, viz.: On the 8th day of April, 1893, the defendant’s intestate purchased some cattle of one Elmina Bettis, for which he gave her his check for forty dollars, drawn upon the Forestville Bank, which was…
1Opinion of the Court
Adams, J.:
It is conceded that the plaintiff’s assignor by her laches in presenting her check and demanding payment thereof of the drawee, discharged the drawer to the extent of the loss sustained by -him, unless it can be said that by his subsequent acts he expressly waived such |laches. Obviously, therefore, the sole question with which we have to deal.upon this review is whether, by demanding and receiving his dividend from the insolvent estate of Wallace Ward, the defendant’s intestate deprived himself of the right to insist that he was discharged from all liability upon the check in suit,…
2Cases cited2 opinions
- Ross v. . HurdNew York Court of Appeals · 1877
- Murphy v. LevyAppellate Terms of the Supreme Court of New York · 1898