Phelps v. Ferguson
The Superior Court of New York City
Motion for judgment on the pleadings. The action was on a bill of exchange, against the acceptor. The allegations of the complaint were as follows : “ That heretofore, and on or about the 28th day of April, 1859, at Indianapolis, in the State of Indiana, certain persons, under their firm-name of William M. Morrison & Co., drew their certain bill of exchange in writing, bearing date on that day, and directed the same to the defendants, at Ko. 123 West 3!th-street, in the city…
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Motion for judgment on the pleadings. The action was on a bill of exchange, against the acceptor. The allegations of the complaint were as follows : “ That heretofore, and on or about the 28th day of April, 1859, at Indianapolis, in the State of Indiana, certain persons, under their firm-name of William M. Morrison & Co., drew their certain bill of exchange in writing, bearing date on that day, and directed the same to the defendants, at Ko. 123 West 3!th-street, in the city of Kew York, whereby two months after said date of said bill they requested the defendant to pay to the order of one…
1Opinion of the Court
Bosworth, Ch. J.
A complaint by plaintiffs, as indorsees of a bill of exchange, which alleges the drawing of the bill (describing it), a delivery of it to the payee, “ who then and there indorsed it and delivered it so indorsed, and thereafter and before "maturity, the same came lawfully into the possession of these plaintiffs for value;” that it is past due and wholly unpaid, “ and the defendants are now jointly indebted to these plaintiffs thereon in the sum of $1200, with interest;” states facts sufficient to constitute a cause of action.
As to the objections that the plaintiffs are not…
2Cases cited2 opinions
- Griswold v. LavertyThe Superior Court of New York City · 1854
- Price v. McClaveThe Superior Court of New York City · 1856
3Cited by1 opinion
- Perkins v. MerrillSupreme Court of Minnesota · 1887