Benton v. Martin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, setting aside a verdict in favor of defendant and granting a new trial. The action was brought to recover the amount of an alleged draft drawn by defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, setting aside a verdict in favor of defendant and granting a new trial. The action was brought to recover the amount of an alleged draft drawn by defendant. On the 1st July, 1857, defendant, a. banker at Clean, Cattaraugus county, sold to plaintiff, who resided in McKean county, Pa., a draft on Griggs & Lathrop, of Hew York, for $2,026.83, post dated July 10,1857. The draft was sent to the Exchange Bank at Hartford, Conn., and forwarded from there to the Metropolitan Bank of Hew York for…
1Opinion of the CourtFolger, J.
This case, prior to this appeal, has been twice in this court with diverse results. (See 31 N. Y., 382; 40 N. Y., 345.)
It is not necessary to determine how far the decisions then made may be reconciled, or, if irreconcilable, which shall control or mainly affect that now to be reached. There are facts now in the case which were not before the court on either of the former hearings; facts which are of themselves quite decisive.
There is, indeed, language used in 31 N. Y., in the opinion, which shows that if the same facts had then been presented which now appear, a different conclusion would…
2Cases cited2 opinions
- Benton v. MastinNew York Court of Appeals · 1869
- Benton v. . MartinNew York Court of Appeals · 1865