Van Duzer v. . Howe
New York Court of Appeals
Appeal from the Supreme Court. Action on a bill of exchange by indorsee against acceptor. The bill purported to be drawn by H. L. Webb, on, and to have been accepted’by, the defendants, under the name of O. B. Howe & Co.; and it was made payable to the drawer’s order, and was indorsed by him and by James L. Dewey and Adon Smith.
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Appeal from the Supreme Court. Action on a bill of exchange by indorsee against acceptor. The bill purported to be drawn by H. L. Webb, on, and to have been accepted’by, the defendants, under the name of O. B. Howe & Co.; and it was made payable to the drawer’s order, and was indorsed by him and by James L. Dewey and Adon Smith. It was for $1,200, at ninety days, and was dated June 9, 1855. The defendants took issue on the drawing and accepting of the bill, and also set up the defence of usury. The facts proved at the trial were, that Webb applied to the defendants, at their place of business…
1Opinion of the Court
Dentó, J.
There is no pretence, on the evidence,- for the' allegation of usury. Both witnesses who spoke of the loan! of §150 by Dewey to Webb stated that it was not made on the security of the bill; and the evidence is uncontradicted that Dewey acted in what he did as Webb’s agent, and not as the purchaser or holder of the paper. It is true that, in making title to the. bill, when pleadings were technical, the plaintiff would have set out an indorsement and delivery by Webb to Dewey, and by the latter to the bank, and would thus have stated, in effect, that Webb was at one time the holder,…
2Cases cited5 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Violett v. PattonSupreme Court of the United States · 1809
- Jackson, ex dem. Rounds v. M'ChesneyNew York Supreme Court · 1827
- More v. HowlandNew York Supreme Court · 1847
- Steele v. WhippleNew York Supreme Court · 1839
3Cited by42 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Milhau v. . SharpNew York Court of Appeals · 1863
- Ledwich v. . McKimNew York Court of Appeals · 1873
- McGrath v. . ClarkNew York Court of Appeals · 1874
- National Exchange Bank v. LesterNew York Court of Appeals · 1909
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