Legal Opinion

Judah v. Harris

New York Supreme Court

Decided May 15, 1821PublishedCited by 7 opinions

This was an action of assumpsit, on a promissory note, tried at the Chenango Circuit, in June, 1820, before Mr. Chief Justice Spencer. The declaration was against the defendant, as the third endorser of a note made by P. Ran-7 v v dalL dated Norwich. MarchXZ. 1818, for 415 dollars 22cents, 5 3 7 7 J payable “ at the Branch Bank of the Manhattan Company, in the village of Utica, in the bank notes current in the city of New-York, for value received.”

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This was an action of assumpsit, on a promissory note, tried at the Chenango Circuit, in June, 1820, before Mr. Chief Justice Spencer. The declaration was against the defendant, as the third endorser of a note made by P. Ran-7 v v dalL dated Norwich. MarchXZ. 1818, for 415 dollars 22cents, 5 3 7 7 J payable “ at the Branch Bank of the Manhattan Company, in the village of Utica, in the bank notes current in the city of New-York, for value received.” At the trial, the note was proved, and read; and evidence was given as to the notice to the defendant, of the non-payment, which it is unnecessary…

1Opinion of the CourtWoodworth, J.

delivered the opinion of the Court; The note in question was payable “ in bank notes current in the city of Mezo-York.,‘> On the argument, it was contended; that this was not a negotiable promissory note, within the statute. In Keith v. Jones, (9 Johns. Rep. 120.) it was held, that a note payable in York state bills or specie, was the same thing as being made payable in lawful current money of the state; for the bills mentioned, mean bank paper, which is here, in conformity with common usage, regarded as cash. Lord Mansfield, in Miller v. Reid, (1 Burr. 457.) observed, “ that these notes are…

2Cases cited2 opinions

  1. Jones v. FalesMassachusetts Supreme Judicial Court · 1808
  2. Mann v. MannNew York Court of Chancery · 1814

3Cited by7 opinions

  1. Klauber v. BiggerstaffWisconsin Supreme Court · 1879
  2. Leiber v. GoodrichNew York Supreme Court · 1825
  3. Butler v. PaineSupreme Court of Minnesota · 1863
  4. Hasbrook v. PalmerU.S. Circuit Court for the District of Michigan · 1839
  5. Walker v. Ocean BankIndiana Supreme Court · 1862

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