Colcord v. Banco De Tamaulipas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Banco De Tamaulipas, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of July, 1917, overruling its demurrers to the first and second causes of action set forth in the second amended complaint.
1Dissent
Page, J. (dissenting):
The sufficiency of the allegations of the first cause of action depends upon whether the exchange of telegrams of March third and fifth constitutes an acceptance of the draft so that the defendant became primarily liable thereon. In my opinion it does. If the draft had been presented to the defendant and some one duly authorized had written “ good ” upon the face thereof and signed the name of the defendant, there could be no doubt but that this would be equivalent to an acceptance of a negotiable bill of exchange in favor of the holder for the amount specified therein.…
2Cases cited3 opinions
- Meads v. . the Merchants' Bank of AlbanyNew York Court of Appeals · 1862
- Mechanics' Bank v. LivingstonNew York Supreme Court · 1860
- Iselin v. Chemical National BankNew York Supreme Court · 1896