Bank of Charleston v. Emeric
The Superior Court of New York City
The suit was brought to recover money advanced by the plaintiffs to Edward Davenne, in Charleston, for the purchase of cotton, on the joint account of himself and Emeric. Davenne drew a bill on E. for the advance, which E. did not accept. The bank, having retained the bill of lading of the cotton, sold the cotton, on failing to obtain satisfactory security from E,, and brought this suit to recover the balance.
Read the full summary
The suit was brought to recover money advanced by the plaintiffs to Edward Davenne, in Charleston, for the purchase of cotton, on the joint account of himself and Emeric. Davenne drew a bill on E. for the advance, which E. did not accept. The bank, having retained the bill of lading of the cotton, sold the cotton, on failing to obtain satisfactory security from E,, and brought this suit to recover the balance. The defence was, that Davenne’s purchase was not on joint account, it not being conformable to the authority from Emeric, Upon the trial, the testimony of Davenne, taken on a…
1Opinion of the Court
By the Court. Oakley, Ch. J.
On the case being moved for argument, the plaintiffs produced, and proposed to read, an exemplification in due form, of their act of incorporation by the legislature of the State of South Carolina; and the first question is as to the admission of this document.
We think they have a right to produce it at the argument. It ought, no doubt, to have been proved at the trial, and the omission to require it on the part of the judge, was erroneous ; but it is a well settled and useful practice, in respect of documents which speak for themselves, and on which no questions…
2Cited by11 opinions
- Rockwell v. . MerwinNew York Court of Appeals · 1871
- Milward v. HallettNew York Supreme Court · 1804
- Doratio v. JacksonAppellate Division of the Supreme Court of the State of New York · 1916
- Genet v. DavenportNew York Supreme Court · 1873
- Petersen v. City of New YorkNew York Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.