Xenia Branch of State Bank of Ohio v. Lee
The Superior Court of New York City
This action, came before the General Term by appeal from an order, overruling the plaintiffs’ demurrer to the “ fifth separate defence,” contained in the defendants’ answer.
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This action, came before the General Term by appeal from an order, overruling the plaintiffs’ demurrer to the “ fifth separate defence,” contained in the defendants’ answer. The complaint alleged, that the defendants, about the 15th day of July, became possessed of certain six bills of exchange, (particularly described, drawn for sums amounting in all to $17,400,) under the circumstances set forth, viz.: that the said bills were drawn in Ohio, in the regular course of business, and were, at or about the respective dates thereof, regularly discounted by the plaintiffs, whereby the plaintiffs…
1Opinion of the CourtBy the Court. Woodruff, J.
The plaintiffs herein, by their complaint, allege the drawing of sundry bills of exchange in the State of Ohio, by various drawers; the discounting of such bills by the plaintiffs in regular course of business, whereby they became the lawful holders' and owners thereof; the endorsement of the said bills by them to the Ohio Life and Trust Company for collection, and the transmission thereof to the said company at New York, for that purpose only; the transfer and delivery of the bills to the defendants in this suit by the said company unlawfully, without authority, and in violation of its duty,…
2Cited by14 opinions
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