Legal Opinion

Dinsmore v. . Duncan

New York Court of Appeals

Decided September 5, 1874PublishedCited by 20 opinions

Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Rew York, in favor of defendants, entered upon an order denying plaintiff’s motion for judgment on a verdict, setting aside the verdict, and directing judgment in favor of defendants.

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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Rew York, in favor of defendants, entered upon an order denying plaintiff’s motion for judgment on a verdict, setting aside the verdict, and directing judgment in favor of defendants. This action was brought for the alleged conversion of a (seven-thirty) note of the United States, issued under the act of Congress of March 3, 1865 (13 U. S. Stat. at Large, 468), which, when issued, was substantially in this form : “ $1,000. “ Three years alter date the United States promise to pay to the order of…

1Opinion of the Court

Dwight, C.

Under the facts in this case, the question is ; Who is the owner of the note, the express company, which has acquired the rights of the bank, or the defendants ?

The instrument is plainly negotiable. There was some criticism on the argument, founded on the proposition that it was only the interest that was payable in lawful money. If all the language affecting the interest had been omitted, there would have been a distinct promise on the part of the United States to pay $1,000. The true construction is to regard the words affecting the interest as parenthetical. The note should read…

2Cases cited4 opinions

  1. Benedict v. . CowdenNew York Court of Appeals · 1872
  2. Atkinson v. ManksNew York Supreme Court · 1823
  3. Clark v. Farmers' Woollen Manufacturing Co.New York Supreme Court · 1836
  4. Greenhow v. BoyleIndiana Supreme Court · 1844

3Cited by20 opinions

  1. Seaton v. ScovillSupreme Court of Kansas · 1877
  2. Brooke v. StruthersMichigan Supreme Court · 1896
  3. Jackson v. MyersCourt of Appeals of Maryland · 1876
  4. President of the Manhattan Co. v. MorganNew York Court of Appeals · 1926
  5. Heffleman v. Pennington CountySouth Dakota Supreme Court · 1892

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