Bowen v. Newell
The Superior Court of New York City
This action was brought to recover of the defendant, Searls as makers, and the defendant, Newell, as endorser, ths amount of the check following, “ $2,000, New York, Oct. 5th, 1549. “Cashier of the Thompson Bank.—Pay Zenas Newell, or order, two thousand dollars, on the 13th instant, (Signed,) “ Bella Seakls & Son, (End,,) “ ZeUas Newell.”
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This action was brought to recover of the defendant, Searls as makers, and the defendant, Newell, as endorser, ths amount of the check following, “ $2,000, New York, Oct. 5th, 1549. “Cashier of the Thompson Bank.—Pay Zenas Newell, or order, two thousand dollars, on the 13th instant, (Signed,) “ Bella Seakls & Son, (End,,) “ ZeUas Newell.” This causé Was formerly tried in this court,* whei it was decided that the check in question was not, on its face, by law, entitled to days of grace; and that; however that night he, proof of a custom of the Thompson bank; and other lanks in Connecticut, to…
1Opinion of the CourtBy the Court. Duer, J.
It appears very clearly, from the *592opinion of Mr, Justice Jorntsoisr, with, a certified copy of which we have been furnished, that our former judgment in this case was reversed by the Court of Appeals, upon the single ground, that upon the report of the referee, the case was not distinguishable from that of Woodruff v. The Merchants’ Bank, in which the judgment of the Supreme Court was affirmed in the Court of Errors, (25 Wend. 673; 6 Hill, 172.) The learned judge expressly says,, that, in accordance with that decision, the usage which was proved before the referee ought to have been excluded,
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2Cases cited12 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
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3Cited by3 opinions
- Harrison v. Nicollet National BankSupreme Court of Minnesota · 1889
- Bowen v. NewellNew York Court of Appeals · 1853
- Georgia National Bank v. HendersonSupreme Court of Georgia · 1872