Legal Opinion

Winter v. . Drury

New York Court of Appeals

Decided December 5, 1851PublishedCited by 8 opinions

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

  1. Harris v. . ClarkNew York Court of Appeals · 1849
  2. Dykers v. Leather Manufacturers' BankNew York Court of Chancery · 1845
  3. Cowperthwaite v. . SheffieldNew York Court of Appeals · 1850
  4. New York & Virginia State Stock Bank v. GibsonThe Superior Court of New York City · 1856

3Cited by8 opinions

  1. Grammel v. CarmerMichigan Supreme Court · 1884
  2. O'Connor v. Mechanics' BankNew York Court of Appeals · 1891
  3. Lewis v. Traders' BankSupreme Court of Minnesota · 1883
  4. J. E. Jones & Co. v. Pacific Wood, Lumber & Flume Co.Nevada Supreme Court · 1878
  5. Kahnweiler v. . AndersonSupreme Court of North Carolina · 1878

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