Bridgeport Bank v. Dyer
Supreme Court of Connecticut
This was an action of assumpsit against the defendant, as the indorser of a bili or check, drawn by Aymar <§• Hen-drickson, on The, Manhattan Company, dated May 30th 1846, payable to the defendant, or order, and by him indorsed to the plaintiffs. The cause was tried at Fairfield, February term 1848, before Ellsworth, J. On Monday, the 1st of June 1846, the plaintiffs, at their banking-house in Bridgeport, cashed the bill described in the declaration, for the defendant.
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This was an action of assumpsit against the defendant, as the indorser of a bili or check, drawn by Aymar <§• Hen-drickson, on The, Manhattan Company, dated May 30th 1846, payable to the defendant, or order, and by him indorsed to the plaintiffs. The cause was tried at Fairfield, February term 1848, before Ellsworth, J. On Monday, the 1st of June 1846, the plaintiffs, at their banking-house in Bridgeport, cashed the bill described in the declaration, for the defendant. On Saturday, the 6th of June 1846, it was presented, by the Bank of New-York, in the city of New-York, for payment, which was…
1Opinion of the CourtEllsworth, J.
This is a question of legal diligence, in the presenting of a check, in the city of New-York. Did the plaintiffs do all that the law merchant required of them 1
The plaintiffs do not pretend, that they pursued the exact steps of the law ; but they rely on a usage or practice of their bank, as a waiver or excuse for such omission. This practice they say, (and the jury have so found,) was known to the defendant, at the time he left the check with them ; and they therefore claim, that the usual rule is not to govern in their case.
No principle of law is better settled, than that a known practice,…
2Cases cited4 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Gibson v. CulverNew York Supreme Court · 1837
- The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
- Halsey v. BrownSupreme Court of Connecticut · 1809
3Cited by7 opinions
- Plover Savings Bank v. MoodieSupreme Court of Iowa · 1906
- First National Bank v. HenningSupreme Court of Colorado · 1944
- Fischer v. First National BankIdaho Supreme Court · 1935
- Grinman v. WalkerSupreme Court of Iowa · 1859
- New York, New Haven & Hartford Railroad v. First National BankSupreme Court of Connecticut · 1926
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