Alvord v. Baker
New York Supreme Court
Error to Monroe common pleas. Alvord sued Baker and Cooper in a justice’s court, and on the trial produced two orders drawn on him by the defendants for harness work, one dated 2d September, 1830, requesting the plaintiff to let the hearer have five dollars in harness work, and the other dated 23d September, 1830, requesting the plaintiff to make G. W. Worden such a set of one horse harness as he wanted.
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Error to Monroe common pleas. Alvord sued Baker and Cooper in a justice’s court, and on the trial produced two orders drawn on him by the defendants for harness work, one dated 2d September, 1830, requesting the plaintiff to let the hearer have five dollars in harness work, and the other dated 23d September, 1830, requesting the plaintiff to make G. W. Worden such a set of one horse harness as he wanted. There was no proof that the first order was honored, except what arose from its production. by the drawee; it was proved that the second order was presented and accepted, and that the…
1Opinion of the Court
By the Court,
Sutherland, J.
The payment of the las8 order was proved. There was no evidence of the payment of the first, except the fact that it was in possession of the plaintiff*, and that the giving it was admitted by the defendants j this, I think, \s prima facie sufficient. Orders for goods in the hands of the drawee are evidence of goods sold to the drawer, and delivered to the payee at his request. In this respect they differ from orders for the payment of money, which are presumed to be drawn, nothing appearing to the contrary, upon funds in the hands of the drawee ; and if paid, give…
2Cited by6 opinions
- Close v. FieldsTexas Supreme Court · 1847
- Briggs v. . SizerNew York Court of Appeals · 1864
- Connelly v. McKeanSupreme Court of Pennsylvania · 1870
- Proctor v. ThompsonNew York Supreme Court · 1882
- Bumsted v. HoadleyNew York Supreme Court · 1877
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