Mayer v. . Heidelbach
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of December, 1888, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of December, 1888, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury. This action was brought to recover the amount of two bills of foreign exchange drawn by defendants, who were bankers in the city of Hew York, made payable to the order of plaintiffs who were copartners as wholesale merchants carrying on a mercantile business at Indianapolis. The trial court found in substance, these facts, among…
1Opinion of the CourtFinch, J.
Whether the draft of the defendants upon their foreign correspondent was sold by them to the plaintiffs, who were named as the payees therein, or to Harrisons’ Bank which gave the order for the exchange and promised to pay for it, became a material inquiry upon the trial because of the failure to pay the purchase-money. Very much was possible to be said in behalf of either inference, and it was said. Hpon the argument no circumstance or suggestion was omitted which could affect a wavering balance, but the very thorough ness of the discussion served to strengthen our conviction that the…
2Cases cited7 opinions
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Brown v. . LeavittNew York Court of Appeals · 1865
- Pratt v. . FooteNew York Court of Appeals · 1854
- Youngs v. . LeeNew York Court of Appeals · 1855
- Morris v. PhelpsNew York Supreme Court · 1809
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3Cited by23 opinions
- O'Brien v. . FleckensteinNew York Court of Appeals · 1905
- Sutherland v. MeadAppellate Division of the Supreme Court of the State of New York · 1903
- Schloss v. FeltusMichigan Supreme Court · 1895
- Dykman v. KeeneyAppellate Division of the Supreme Court of the State of New York · 1897
- Iowa Nat. Bank v. ShermanSouth Dakota Supreme Court · 1903
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