Amsinck v. . Rogers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 9, 1905, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in excluding evidence of Austrian laws* and decisions of Austrian courts.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 9, 1905, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in excluding evidence of Austrian laws* and decisions of Austrian courts. All contracts, including negotiable instruments, are as to their validity, nature, interpretation and effect governed by the law of the state or country where they are made and áre to be executed. If, however,…
1Opinion of the CourtHiscook, J.
Appellants brought this action as holders of a certain instrument for the payment of money drawn by the respondents to their own order upon parties in Austria, and then indorsed and delivered for value to the appellants. The bill of exchange, as we shall for the present denominate it, was not paid by the drawees, and thus far recovery against the drawers has been refused upon the ground that there was no proper protest and notice of protest.
The material facts are not disputed, and the only questions • presented for our consideration upon this appeal arise in connection with the rejection by…
2Cases cited13 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
- Hunt v. StandartIndiana Supreme Court · 1860
- Aymar v. SheldonNew York Supreme Court · 1834
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Swift & Co. v. Bankers Trust Co.New York Court of Appeals · 1939
- Fourth National Bank of Montgomery v. BraggSupreme Court of Virginia · 1920
- Bank of Nova Scotia v. San MiguelCourt of Appeals for the First Circuit · 1952
- Carmen v. HigginsonMassachusetts Supreme Judicial Court · 1923
- Gonzalez v. Industrial BankNew York Court of Appeals · 1962
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