Cromwell v. Lovett
The Superior Court of New York City
This was an action of assumpsit, tried before Mr. Justice Oakley, on the 8th day of October 1828. The declaration contained three counts upon a check for $1000, bearing date the 28th day of May 1828, drawn by the defendant, on the Franklin Bank of the City of New-York, made payable to D. W. Wing, or bearer, and delivered by him to the plaintiffs.
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This was an action of assumpsit, tried before Mr. Justice Oakley, on the 8th day of October 1828. The declaration contained three counts upon a check for $1000, bearing date the 28th day of May 1828, drawn by the defendant, on the Franklin Bank of the City of New-York, made payable to D. W. Wing, or bearer, and delivered by him to the plaintiffs. The first count was in the usual form, and averred a presentment of the check, to the Cashier of the Franklin Bank for payment, on the 29th day of May 1828, his refusal to pay the same, and .notice to the defendant on the same day. The second count,…
1Opinion of the Court
Jones, C. J.,
after stating the facts of the case, observed, that the questions arising upon the facts were, first, whether proof of the presentment and demand of the check and notice of,its dishonour were, under the circumstances of the case, indispensable prerequisites to a recovery on the check l and secondly, whether the balance, for which (he check appeared to have been given, *62was recoverable on the count, upon an account stated or not.
• These questions were considered by him at large upon the general principles of law applicable to the case ; but his opinion upon i they involve, is…
2Cited by18 opinions
- Merchants' Bank v. RawlsSupreme Court of Georgia · 1849
- Harker v. AndersonNew York Supreme Court · 1839
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Lane v. Maine Mutual Fire InsuranceSupreme Judicial Court of Maine · 1835
- Daniels v. Kyle & BarnettSupreme Court of Georgia · 1846
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