Legal Opinion

Gridley v. . Dole

New York Court of Appeals

Decided April 5, 1851PublishedCited by 6 opinions

This action was brought in the supreme court, by Gridley against Benjamin Dole as the indorser of a promissory note as follows: “ $1500. Clinton, June 28, 1847. ^ Three months after date I promise to pay to the order of Benjamin Dole fifteen hundred dollars, value received the Kirkland Bank. T. D. Dole.” (Indorsed) “ Benjamin Dole.” In the declaration the plaintiff was named as president of the Kirkland Bank ; but the promises were laid to the plaintiff and not the bank.

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This action was brought in the supreme court, by Gridley against Benjamin Dole as the indorser of a promissory note as follows: “ $1500. Clinton, June 28, 1847. ^ Three months after date I promise to pay to the order of Benjamin Dole fifteen hundred dollars, value received the Kirkland Bank. T. D. Dole.” (Indorsed) “ Benjamin Dole.” In the declaration the plaintiff was named as president of the Kirkland Bank ; but the promises were laid to the plaintiff and not the bank. After issue, the cause was referred to a single referee, who reported in favor of the plaintiff for the amount of the note.…

1Opinion of the CourtGardiner, J.

The following facts, among others, are stated in the record as the result of the evidence. “ The plaintiff let Thomas D. Dole have three thousand dollars, less the discount, upon two printed notes of fifteen hundred dollars each, signed by said Dole as maker, and indorsed by the defendant Benjamin Dole, payable at the Kirkland Bank; one in two, the other in three months. The notes were presented for the purpose of procuring the discount.”

This is, in effect, finding that the plaintiff lent or advanced three thousand dollars to the maker, and received the notes as evidence of the loan, and as…

2Cases cited5 opinions

  1. Bank of United States v. DunnSupreme Court of the United States · 1832
  2. Townsend and Others v. GoeweyNew York Supreme Court · 1838
  3. Van Ness v. ForrestSupreme Court of the United States · 1814
  4. McPherson v. CheadellNew York Supreme Court · 1840
  5. Eaves v. HendersonNew York Supreme Court · 1837

3Cited by6 opinions

  1. Bank of British North America v. DelafieldNew York Court of Appeals · 1891
  2. Citizens Savings Bank & Trust Co. v. Paradis & Sons, Ltd.Supreme Court of Vermont · 1929
  3. Textile Workers Union v. BarrettSupreme Court of Rhode Island · 1896
  4. Veriscope Co. v. BradyCity of New York Municipal Court · 1902
  5. Bull'S Head Bank v. KoehlerNew York Marine Court · 1878

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