Johannessen v. . Munroe
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 11, 1896, affirming a judgment in favor of plaintiff entered upon a verdict.' This action was brought to recover, as damages for its dishonor, the amount of a letter of credit issued by the defendants in favor of the plaintiff, together with the protest fees thereon. The facts, so far as material, are stated in the opinions.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 11, 1896, affirming a judgment in favor of plaintiff entered upon a verdict.' This action was brought to recover, as damages for its dishonor, the amount of a letter of credit issued by the defendants in favor of the plaintiff, together with the protest fees thereon. The facts, so far as material, are stated in the opinions. The defendants are not liable for the refusal to accept plaintiff’s draft.' They never promised that it should be accepted. (2 R. S. ch. 4, tit. 2, §…
1Opinion of the CourtBartlett, J.
This case has been twice tried. At the first trial the complaint was dismissed-as not stating a cause of action ; the General Term reversed the judgment and ordered a new trial. (Johannessen v. Munroe, 84 Hun, 594.)
Thereupon the complaint was amended by alleging that the defendants composed the firm of Munroe & Company of Paris, as well as John Munroe & Company in New York ; and further by alleging that there was a good and valuable consideration from Carsten Boe to John Munroe & Co. at the time of the issuing of the letter of credit, the history and validity of which is involved in this…
2Cases cited1 opinion
- Johannessen v. MunroeNew York Supreme Court · 1895
3Cited by2 opinions
- Eaton v. Laurel Delicatessen Corp.Appellate Division of the Supreme Court of the State of New York · 1958
- Harkness v. Chase National BankCity of New York Municipal Court · 1935