Winter v. . Drury
New York Court of Appeals
Appeal from the general terra of the Superior Court of the city of New York, where a decree had been made dismissing a bill in equity, with costs.
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Appeal from the general terra of the Superior Court of the city of New York, where a decree had been made dismissing a bill in equity, with costs. (Memorandum of decision below, 3 Sandf. 263 n.) This was .a bill in equity, filed by John G. Winter against Samuel Drury and Richard Clarke, to recover from Drury a sum of $250, which he had received under the following circumstances: The plaintiff, a resident of Georgia, carried on, through an agent, the business of- exchange-broker, in New York. The defendant, Clarke, was a manufacturer of carpets, at Astoria, in Queens county, in this state; he…
1Opinion of the Court
*G-ardiner, J.
The draft in question was an ordinary hill of exchange, payable generally and absolutely. In Harris v. Clark (3 N. Y. 118), it was said, that a bill of exchange does not, of itself, give to the holder, either in law or equity, a lien upon the funds of the creditor in the hands of the debtor, until an acceptance by the latter. And in the still stronger case (3 N. Y. 243) of a draft drawn simultaneously with a consignment of cotton to a house in Scotland, the same doctrine was re-affirmed by this court.
There is nothing in the case before us, to distinguish it, in principle, from…
2Cases cited4 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
- Cowperthwaite v. . SheffieldNew York Court of Appeals · 1850
- New York & Virginia State Stock Bank v. GibsonThe Superior Court of New York City · 1856
3Cited by8 opinions
- Grammel v. CarmerMichigan Supreme Court · 1884
- O'Connor v. Mechanics' BankNew York Court of Appeals · 1891
- Lewis v. Traders' BankSupreme Court of Minnesota · 1883
- J. E. Jones & Co. v. Pacific Wood, Lumber & Flume Co.Nevada Supreme Court · 1878
- Kahnweiler v. . AndersonSupreme Court of North Carolina · 1878
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