Risley v. . Phenix Bank of City of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 6, 1879, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 6, 1879, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. The amended complaint in this action contained three counts, the first two set forth a check, dated May 20,1861, drawn by the Bank of Georgetown, South Carolina, upon defendant, payable to the order of plaintiff, for $10,000, alleged to have been delivered to plaintiff by the drawer for a good and valuable consideration, and to…
1Opinion of the CourtAndrews, J.
The check drawn by the Bank of Georgetown on the defendant, having been drawn on the general deposit of the drawer in the hands of the drawee, in the ordinary form of a bank check, did not, of itself, operate as an equitable assignment to the payee, of the fund, to the amount of the check. The check was a bill of exchange, within the statute that no person shall be charged as an acceptor of a bill of exchange, unless his acceptance shall be in writing; and the defendant not having made a written acceptance of the check, no right of action thereon accrued to the plaintiff by reason of the…
2Cases cited13 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
- Rose v. HimelySupreme Court of the United States · 1808
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- United States v. AmedySupreme Court of the United States · 1826
8 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Claim of Doey v. Clarence P. Howland Co.New York Court of Appeals · 1918
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Losey v. . StanleyNew York Court of Appeals · 1895
115 more not listed; retrieve them via the Exa API.