Hall v. . Stevens
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday in June, 1886, which granted a motion made by the plaintiff for a new trial. This was an action to recover a balance of the purchase-price alleged to be due to the plaintiff upon the sale of certain cattle by him to the defendant at an agreed price per pound.
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Appeal from an order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday in June, 1886, which granted a motion made by the plaintiff for a new trial. This was an action to recover a balance of the purchase-price alleged to be due to the plaintiff upon the sale of certain cattle by him to the defendant at an agreed price per pound. The answer, after admitting the sale and delivery, denied that there was any balance due to the plaintiff on account thereof and pleaded payment in full. On the 4th of April, 1882, the plaintiff, a farmer residing near…
1Opinion of the CourtVann, J.
The drawer of the draft in question, although insolvent at the time of delivery to the plaintiff, continued its business of banking in the usual way with unimpaired credit for several days thereafter. As the loss had not occurred when the plaintiff accepted the draft and both parties acted in good faith, believing the bank to be solvent, the fact that it was actually insolvent has no bearing upon the question presented by this appeal. (Lightbody v. Ontario Bank, 11 Wend. 9; affirmed sub nom. Ontario Bank v. Lightbody, 13 id. 101.) As was said by Chancellor Walwoeth for the Court of Errors in…
2Cases cited6 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Noel v. . MurrayNew York Court of Appeals · 1855
- Whitbeck v. Van NessNew York Supreme Court · 1814
- Gibson v. . TobeyNew York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Atlas S. S. Co. v. Colombian Land Co.Court of Appeals for the Second Circuit · 1900
- Dille v. WhiteSupreme Court of Iowa · 1906
- First National Bank of Sparta v. YowellTennessee Supreme Court · 1927
- M. Gimble & Sons v. KingCourt of Appeals of Texas · 1906
- Smith v. MillsOregon Supreme Court · 1924
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