Charlotte Iron Works v. American Exchange National Bank
New York Supreme Court
Appeal from a judgment, entered upon the report of a referee directing a judgment in the plaintiff’s favor for the sum of $7,013.23. The plaintiff is a domestic corporation organized under the laws of the State of New York, located and doing business near the city of Rochester. The plaintiff held an acceptance of J. W. Dunning, its debtor, for the sum of $6,500, payable on the 19th of December, 1882, at the National Exchange Bank of Auburn.
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Appeal from a judgment, entered upon the report of a referee directing a judgment in the plaintiff’s favor for the sum of $7,013.23. The plaintiff is a domestic corporation organized under the laws of the State of New York, located and doing business near the city of Rochester. The plaintiff held an acceptance of J. W. Dunning, its debtor, for the sum of $6,500, payable on the 19th of December, 1882, at the National Exchange Bank of Auburn. The plaintiff was the drawer of the draft on which the acceptance was written. Several days before the draft matured the plaintiff inclosed the draft in a…
1Opinion of the Court
Barker, J.:
The legal questions presented arise on the ruling of the referee rejecting the evidence offered. In our consideration the facts which such evidence would have established, constitute a perfect defense. The act of the plaintiff in placing the Dunning accept" anee in the hands of the City Bank of Rochester for collection gave it an apparent title to the draft and to the moneys collected thereon. The evidence given on the trial is not set forth in full in the case, and it was stipulated on the settlement that the evidence tended to prove the facts found by the referee. By the…
2Cases cited8 opinions
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
- Indig v. . National City BankNew York Court of Appeals · 1880
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Wood v. Boylston National BankMassachusetts Supreme Judicial Court · 1880
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