Bowen v. . Newell
New York Court of Appeals
Action in the superior court of the city of New York, against the drawers and endorser of an instrument of which the following is a copy: $2000. New York, Oct. 5,1849. Cashier of Thompson Bank, Pay Zenas Newell or order, two thousand dollars, on the 12th inst. (Signed) (Endorsed) B. Searls & Son. Zenas Newell. *Newell defended on the ground that he was not r*29p charged as endorser. The action was twice tried..
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Action in the superior court of the city of New York, against the drawers and endorser of an instrument of which the following is a copy: $2000. New York, Oct. 5,1849. Cashier of Thompson Bank, Pay Zenas Newell or order, two thousand dollars, on the 12th inst. (Signed) (Endorsed) B. Searls & Son. Zenas Newell. *Newell defended on the ground that he was not r*29p charged as endorser. The action was twice tried.. L Upon’the first trial the plaintiff had judgment, which was reversed by this court. (See 4 Selden, 190.) The cause was again tried when judgment again was rendered in favor of the…
1Opinion of the CourtJohnson, J.
When this case was before this court upon a former occasion, its discussion and decision chiefly involved the inquiry, whether, by the law merchant, the instrument declared on was such that days of grace were or were not to be allowed upon it. Upon that question, we were of opinion that it was entitled to days of grace. We were further of opinion, that the usage of the Thompson Bank did not control the rights of the parties in this respect.
As the case now presents itself, it appears that by the law of the State of Connecticut, where this paper was to be *paid, it was payable upon the day…
2Cited by6 opinions
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- Graham v. First National Bank of NorfolkNew York Court of Appeals · 1881
- Wayne County Savings Bank v. LowNew York Court of Common Pleas · 1878
- Hildreth v. ShepardNew York Supreme Court · 1873
- Harrison v. Nicollet National BankSupreme Court of Minnesota · 1889
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