Oliver Lee & Co's Bank v. Walbridge
New York Court of Appeals
Appeal from the Superior Court of Buffalo. The plaintiff is an association organized under the general banking law. The trial was before Mr. Justice Clinton. The plaintiff had a verdict. Exceptions were taken to the exclusion by the judge of certain evidence offered by the defendants, which is fully stated in the following opinion.
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Appeal from the Superior Court of Buffalo. The plaintiff is an association organized under the general banking law. The trial was before Mr. Justice Clinton. The plaintiff had a verdict. Exceptions were taken to the exclusion by the judge of certain evidence offered by the defendants, which is fully stated in the following opinion. The exceptions were ordered to be heard in the first instance at general term, and being so heard, judgment was rendered for the plaintiff, and the defendants appealed to this court.
1Opinion of the Court
By the Court, Comstock, J.
The action was brought upon a promissory note for $2,500, made by one of the defendants, and indorsed by the other, at the city of Buffalo, payable in the city of New York hi seventy-live days from its date. The note was discounted at the plaintiff’s bank in Buffalo for the benefit of the maker; the other defendant having indorsed for his accommodation. The defendants, in their answer, set forth and they offered to prove on the trial that, when the note was discounted, the exchange between the cities of New York and Buffalo was, and had been for a long time previous,…
2Cases cited4 opinions
- Ontario Bank v. SchermerhornNew York Court of Chancery · 1843
- Seneca County Bank v. SchermerhornCourt for the Trial of Impeachments and Correction of Errors · 1845
- Williams v. HanceNew York Court of Chancery · 1839
- Austin v. FullerNew York Supreme Court · 1852
3Cited by4 opinions
- In re BeckAppellate Division of the Supreme Court of the State of New York · 1896
- Upton v. BernsteinNew York Supreme Court · 1894
- Rushmore v. RushmoreNew York Supreme Court · 1891
- Spencer v. SeeNew York Surrogate's Court · 1882