Commercial Bank of Pennsylvania v. Union Bank of New-York
New York Court of Appeals
Assumpsit to recover the amount of a bill of exchange drawn at Wilmington, in the state of Delaware, by one Hutton on Thomas E. Warren of Troy, if. Y. for §11,421.55, dated Nov. 15th, 1847, payable at sight to the order of Betts, Harlan and Hollingsworth, and indorsed by them.
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Assumpsit to recover the amount of a bill of exchange drawn at Wilmington, in the state of Delaware, by one Hutton on Thomas E. Warren of Troy, if. Y. for §11,421.55, dated Nov. 15th, 1847, payable at sight to the order of Betts, Harlan and Hollingsworth, and indorsed by them. The declaration in addition to the common money counts contained two special counts, in each of which it was averred that on the 17th of November 1847, the plaintiff was the holder of the bill of exchange, and on that day delivered it to the defendant for collection; and in the one it was further averred that the…
1Opinion of the CourtW. E. Allen, J.
In the progress of the trial the defendants’ counsel moved to suppress the depositions of Sparks and Cope, witnesses on the part of the plaintifij taken upon commissions, for several reasons assigned at the time, none of which, howeyer, with a single exception, extended to the entire deposition of either witness. The objections therefore, with that exception, were properly overruled, although it should be con ceded that some parts of the depositions were objectionable, and should have been excluded as evidence. The party made his objections too broad, and the court therefore properly…
2Cases cited3 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Allen v. CulverNew York Supreme Court · 1846
- Montgomery County Bank v. Albany City BankNew York Supreme Court · 1850
3Cited by28 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Southern Pacific Co. v. WilsonArizona Supreme Court · 1906
- National Bank of Commerce v. American Exchange BankSupreme Court of Missouri · 1899
- Angell v. RosenburyMichigan Supreme Court · 1864
- Lowry v. HarrisSupreme Court of Minnesota · 1867
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