Philbrick v. Dallett
The Superior Court of New York City
Exceptions heard in the first instance at general term. John Jay Philbrick sued Henry C. Dallett and others, in the New York superior court, upon a draft of ten thousand dollars, drawn by Requelme & Co., of Havana, upon and accepted by the defendants, composing the firm of Dallett & Son, at Philadelphia, to the order of the plaintiff, and dated February 26,1869. The answer contained a general denial of each and every allegation of the complaint, except such as thereinafter…
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Exceptions heard in the first instance at general term. John Jay Philbrick sued Henry C. Dallett and others, in the New York superior court, upon a draft of ten thousand dollars, drawn by Requelme & Co., of Havana, upon and accepted by the defendants, composing the firm of Dallett & Son, at Philadelphia, to the order of the plaintiff, and dated February 26,1869. The answer contained a general denial of each and every allegation of the complaint, except such as thereinafter specifically admitted; and it then set forth : 1. That the drawers obtained the acceptance by fraudulent…
1Opinion of the Court
By the Court.*—Freedman, J.
In excluding de*422fendants’ proposed evidence as to fraud, by the drawers, upon them, by means of which they were induced to accept the draft, and as to a failure of consideration between them and the drawers, the learned judge who presided at the trial clearly erred. He probably assumed that plaintiff had sufficiently shown himself to be a dona fide holder of commercial paper for value paid on the faith thereof. But such was not the fact. The sale of the steamer Ruby being a transaction between the plaintiff and M. Requelme individually, the plaintiff (under the…
2Cases cited13 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
- Wardell v. HowellNew York Supreme Court · 1832
- Bay v. CoddingtonNew York Court of Chancery · 1821
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