Smith v. President
New York Supreme Court
THIS was an appeal from a judgment of the county court of Essex county, affirming the judgment of a justice of the peace.
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THIS was an appeal from a judgment of the county court of Essex county, affirming the judgment of a justice of the peace. The complaint averred that one Hiram Gates, on the 18th of January, 1854, paid to the defendants the sum of $83, or thereabouts, to be applied upon a certain note made by Gates to Barney B. Boynton for the sum of $81.82, and dated November 14, 1853, and the interest; and protest fees on the same, which sum the defendants promised to pay to Boynton; but that they had neglected and refused to pay it, and that on the 29th day of July, 1854, Gates, for a valuable…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The evidence on the part of the plaintiff shows that the note was made payable at the defendant’s bank and indorsed by Boynton, and there left for collection. That after maturity and protest it was paid by Gates to Seymour, the teller of the bank, who received it from the teller, as he swears, when he paid it. This is the theory of the plaintiff’s case, and the justice has so found the facts) although they are denied by the defendants. Admitting the finding to be correct, P do not perceive how the plaintiff-can be legally entitled to recover. The bank Was the…
2Cases cited3 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- S. & M. Allen v. Merchants BankNew York Supreme Court · 1836
- Denny v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1846
3Cited by5 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- State v. ArnoldIndiana Supreme Court · 1894
- Fisher v. MeekerAppellate Division of the Supreme Court of the State of New York · 1907
- Moore & Co. v. MeyerSupreme Court of Alabama · 1876