Tilden v. Blair
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York; the case as found by the court having been thus’: On the 4th of August, 1869, W. T; Pelton, a resident of Chicago, Illinois, and doing business there, drew a draft on Tilden & Co., residents of New Lebanon in the State of New York, payable to his own order, for $5000 at sixty days, dating it at Chicago.
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Error to the Circuit Court for the Southern District of New York; the case as found by the court having been thus’: On the 4th of August, 1869, W. T; Pelton, a resident of Chicago, Illinois, and doing business there, drew a draft on Tilden & Co., residents of New Lebanon in the State of New York, payable to his own order, for $5000 at sixty days, dating it at Chicago. This draft Pelton sent to Tilden & Co., to the members of which firm he was nearly related, and they accepted it, “ payable at the Bank of North America, New York,” for his accommodation and in order to aid him in raising funds…
1Opinion of the CourtJustice Strong
That the contract upon which the suit was brought'was made in Illinois must be considered as established by the findings of the Circuit Court. It is true the defendants formally accepted the draft in New York, and promised to pay at a bank in New York, but there was no operative acceptance until the draft was negotiated. They sent it back to Illinois, where it had been drawn, for the purpose of having it negotiated there. Pelton, the drawer, for whose accommodation the acceptance was given, was thus constituted the agent of the acceptors to give effect to their action. While the draft…
2Cited by45 opinions
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
- Seeman v. Philadelphia Warehouse Co.Supreme Court of the United States · 1927
- Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
- Sondheim v. GilbertIndiana Supreme Court · 1888
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