Mauran v. Lamb
New York Supreme Court
Assumpsit by the plaintiff, as bearer, against the defendant, as drawer of a check, on The Bank of America, dated ^e'w'York, October 21, 1824, for $1912 02, payable to n0- 25, or bearer, 1 The cause was tried at the JNew York circuit, March 1826, before Duer, 0. Judge. It was admitted at the trial, that the plaintiff had no inter est in the check; but sued for the benefit of Mrs. Bemsen, to w^om che°k belonged, with her consent.
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Assumpsit by the plaintiff, as bearer, against the defendant, as drawer of a check, on The Bank of America, dated ^e'w'York, October 21, 1824, for $1912 02, payable to n0- 25, or bearer, 1 The cause was tried at the JNew York circuit, March 1826, before Duer, 0. Judge. It was admitted at the trial, that the plaintiff had no inter est in the check; but sued for the benefit of Mrs. Bemsen, to w^om che°k belonged, with her consent. There was a question made, whether the check had been demanded of the defendant; and the plaintiff offered one Lawrence ag a -witness, to show that a demand had been…
1Opinion of the Court
Curia, per Woodworth, J.
Whether a demand of payment was made out or not, seems not to be material; inasmuch as there is sufficient evidence of a waiver, provided Lawrence was a competent whness. He states, that in his transaction with the defendant, he acted as the agent of Mrs. Remsen; that the defendant repeatedly promised to pay the check after it fell due; that on the 17th of ¡November he wrote to Lawrence that his efforts to collect enough to pay the note had been unavailing; and that it should be provided for on the then next Monday or Tuesday. Here then is an admission that the…
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