Sheldon v. . Chapman
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was brought to recover on two drafts payable at sight. The drafts were dated July 27, 1857, and were sent by mail on that day to the payee, Dickerson, by his order. The drafts were presented for payment on the 26th September, 1857, two months after, they were received, and payment was refused.
Read the full summary
Appeal from a judgment of the Supreme Court. The action was brought to recover on two drafts payable at sight. The drafts were dated July 27, 1857, and were sent by mail on that day to the payee, Dickerson, by his order. The drafts were presented for payment on the 26th September, 1857, two months after, they were received, and payment was refused. Dickerson had money in the hands of the defendants, and requested them to forward it to him by draft on Hew York, as soon as they could, stating “that he had a chance to buy some .land.” The defendants sent to Dickerson the two drafts in suit in a…
1Opinion of the Court
The defense in this case is that the delay of the holder in presenting the drafts for acceptance discharged the drawees. Independent of the question whether there was an unreasonable delay in presenting these drafts that, under ordinary circumstances, would discharge the drawer, there is enough in the facts proved, as to the request of the defendants, to delay presenting them to relieve the case from all difficulty on that account. Dickerson asked for his money in the defendants' hands. For the purpose of paying it, they sent him drafts on New York, with a request that he would hold on to the…
2Cited by1 opinion
- Rope v. WagnerNew York Supreme Court · 1886