Legal Opinion

Parker v. Greele

New York Supreme Court

Decided May 15, 1829PublishedCited by 9 opinions

This was an action of assumpsit against the defendant as the acceptor of a bill of exchange, tried at the Rensselaer circuit, in June, 1828, before the Hon. William A. Duer, one 01 the circuit judges. The action was for the non-payment of a bill of ex-©hange for' $2500, dated February 11, 1827, drawn ,by Daniel H. Stone on the defendant, and payable four months after date to the plaintiff or order.

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This was an action of assumpsit against the defendant as the acceptor of a bill of exchange, tried at the Rensselaer circuit, in June, 1828, before the Hon. William A. Duer, one 01 the circuit judges. The action was for the non-payment of a bill of ex-©hange for' $2500, dated February 11, 1827, drawn ,by Daniel H. Stone on the defendant, and payable four months after date to the plaintiff or order. The plaintiff endorsed the bill at the request and for the accommodation of the drawl-i „ cr, on, being shewn a letter irom the defendant m these words : “ New-York, 9th Febr’y, 1827. Mr. Danl. H.…

1Opinion of the Court

By the Court, Sutherland, J.

A promise to accept a bill thereafter to be drawn, specifying the amount and time ■ of payment, so as to leave no reasonable doubt as to the identity of the bill intended to be accepted, is, if shewn to a third person, who, on the faith of such promise, takes the bill for a valuable consideration, in point of law, an acceptance, binding the person who . makes the promise. This doctrine is discussed at large, and fully established in the following cases : 10 Johns. R. 213 ; 15 id. 6; 2 Gallison, 238 ; 2 Wheaton, 66 ; 3 Burr. 1666 ; Cowp. 571 ; Douglass, 297 ; 1…

2Cases cited1 opinion

  1. Coolidge v. PaysonSupreme Court of the United States · 1817

3Cited by9 opinions

  1. Bank v. Hay.Supreme Court of North Carolina · 1906
  2. Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
  3. Ulster County Bank v. McFarlanCourt for the Trial of Impeachments and Correction of Errors · 1846
  4. James v. E. G. Lyons Co.California Supreme Court · 1901
  5. Bayard v. LathyU.S. Circuit Court for the District of Illinois · 1841

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