Pavenstedt v. . N.Y. Life Insurance Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 15,1900, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer, with leave to plaintiff to amend the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 15,1900, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer, with leave to plaintiff to amend the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The question raised by the demurrer is one to be decided in accordance with the Law Merchant or the law of commerce. (Faulkner v. Hart, 82 N. Y. 413; Mead v. Beale, Taney,…
1Concurrence
Cullen, Ch. J.
I concur in the opinion of .Willard Bartlett, J., for the affirmance of the judgment. If the old statutes of this state were still in force they would have no relevancy to this controversy. They applied only to bills of exchange drawn or negotiated in this state and pay able elsewhere, not to bills drawn elsewhere payable here. This is necessarily the case, for unless the drawee accepted the draft no action would lie against him in favor of the holder, while if he did accept the draft, on failure to pay, he was liable to a holder only for its face, interest and protest fees and…
2Cases cited5 opinions
- Bissell v. HeywardSupreme Court of the United States · 1878
- Comstock v. SmithMichigan Supreme Court · 1870
- Riggs v. LindsaySupreme Court of the United States · 1813
- Sheehan v. DalrympleMichigan Supreme Court · 1869
- Manning v. KohnSupreme Court of Alabama · 1870