Carroll v. Sweet
The Superior Court of the City of New York and Buffalo
Action by Croft C. Carroll against Clayton E. Sweet on an account. Judgment for defendant. . On August 22, 1887, defendant was indebted to plaintiff in the sum of $439' for services rendered.
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Action by Croft C. Carroll against Clayton E. Sweet on an account. Judgment for defendant. . On August 22, 1887, defendant was indebted to plaintiff in the sum of $439' for services rendered. Plaintiff presented a bill then for such services, and defendant gave him his own check for $105.55, and the check of one Wood-ruff, which was drawn to the order of defendant for $273.45. The Wood-ruff check was not presented until August 31st, when payment was refused because Woodruff had become insolvent, and this action was brought on’ the original indebtedness to recover the balance of $273.45.
1Opinion of the CourtMcADAM, J.
If the action had been on the check against Wood-ruff, the drawer, he would have had no defense; the bank on which it was drawn not having failed, and he having suffered no injury by the delay. But the action is against the indorser, and as to him a different rule prevails; for, if a check given as this one was is not timely presented by the creditor for payment, the indorser is discharged. Daniel, Neg. Inst. § 452; Smith v. Miller, 43 N. Y. 171. The court of appeals, when the present case was before it (see 128 N. Y. 22, 27 N. E. 763), said:
“The plaintiff, on accepting the check, assumed, as…
2Cases cited6 opinions
- Smith v. . MillerNew York Court of Appeals · 1870
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Carroll v. . SweetNew York Court of Appeals · 1891
- Smith v. JanesNew York Supreme Court · 1838
- Gough v. StaatsNew York Supreme Court · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kahnweiler v. SalomonCity of New York Municipal Court · 1919
- Schmidt v. HoffmanAppellate Terms of the Supreme Court of New York · 1896
- Schmitt v. HoffmannAppellate Terms of the Supreme Court of New York · 1896