Legal Opinion

Merchants' Bank of Canada v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 1 opinion

Appeal by the defendants, Louis M. Brown and another, as executors, etc., of William E. Spier, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 8th day of December, 1902,-upon the verdict of a jury, and also from an order bearing date the 30th day of October, 1902, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.

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Appeal by the defendants, Louis M. Brown and another, as executors, etc., of William E. Spier, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 8th day of December, 1902,-upon the verdict of a jury, and also from an order bearing date the 30th day of October, 1902, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes. The action is upon a promissory note made by the Republic Power and Cyaniding Company, dated Montreal, March 1, 1901, payable six months…

1Opinion of the Court

Chester, J.:

The note, having been made in Canada and being by its terms payable there, was a contract governed by the law of that Dominion (Merchants' Bank v. Griswold, 72 N. Y. 472 ; Union National Bank v. Chapman, 169 id. 538.). The Bills of Exchange Act, 1890, in Canada (53 Vict. chap. 33, § 49) provides in relation to notice of dishonor of bills and notes : “ Notice of dishonor, in order to be valid and effectual, must be given in accordance with the following rules: * * * Where the. drawer or indorser is dead, and the party giving notice knows it, the notice must be given to a personal…

2Cases cited1 opinion

  1. Merchants' Bank of Canada v. GriswoldNew York Court of Appeals · 1878

3Cited by1 opinion

  1. Falvo v. Provenga, New York County Courts1929

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