Syracuse, Binghamton & New York Railroad v. Collins
New York Supreme Court
This was an appeal by the plaintiff from a judgment against him for costs. It appeared that on the 4th day of May, 1868, the defendant was indebted to the plaintiff in the sum of $50.19 for freight; and to the' United States Express Company, $7.85 for transportation of express matter.
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This was an appeal by the plaintiff from a judgment against him for costs. It appeared that on the 4th day of May, 1868, the defendant was indebted to the plaintiff in the sum of $50.19 for freight; and to the' United States Express Company, $7.85 for transportation of express matter. On that day one Rogers, the agent of the two companies, presented both claims to defendant and requested payment thereof. ■ The defendant, in payment of the demands, gave the agent a check on the II. J. Messenger’s bank in Cortland for the two amounts. On receiving the check, the agent receipted the accounts in…
1Opinion of the Court
By the Court —
Miller, P. J.
I think that the plaintiff was not guilty of loches, in not presenting the check of the defendant to the" bank before it was closed, on the morning of the day following its delivery. The authorities are abundant that the holder of a check has the day after it is delivered in which to make a presentment for payment. (Kelty v. The Second National Bank of Erie, 52 Barb., 328; Johnson v. Bank of North America, 5 Robt., 592 ; Hazleton v. Colburn, 1 Robt., 345; 2 Abb. Pr. R., N. S., 199; Mer*32chants' Bank v. Spicer, 6 Wend., 443; Mohawk Bank v. Broderick, 10 Wend., 304,…
2Cases cited9 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Hill v. . BeebeNew York Court of Appeals · 1856
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
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3Cited by5 opinions
- Dehoust v. LewisAppellate Division of the Supreme Court of the State of New York · 1908
- Morris v. Eufaula National BankSupreme Court of Alabama · 1898
- Murphy v. LevyAppellate Terms of the Supreme Court of New York · 1898
- Grant v. MacNuttNew York Court of Common Pleas · 1895
- Dolon v. DavidsonNew York Supreme Court · 1896