Harrison v. Smith
The Superior Court of New York City
This case was tried before Mr. Justice Monell and a jury. The action was brought to charge the defendant as the acceptor of two drafts drawn by one E. Kingsland. The complaint alleged the making and delivery to the plaintiffs of two several bills of exchange, drawn by E. Kingsland upon the defendant, payable one day after sight, and accepted by the latter, but which he had failed to pay on presentation for that purpose.
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This case was tried before Mr. Justice Monell and a jury. The action was brought to charge the defendant as the acceptor of two drafts drawn by one E. Kingsland. The complaint alleged the making and delivery to the plaintiffs of two several bills of exchange, drawn by E. Kingsland upon the defendant, payable one day after sight, and accepted by the latter, but which he had failed to pay on presentation for that purpose. Upon the trial the plaintiffs proved that the drafts, which were dated, respectively, March 12 and 13, 1868, were delivered to them by the drawer for a full consideration;…
1Opinion of the Court
By the Court:
Barbour, C.J.
Without expressing an opinion as to whether the facts proven upon the trial would or not have been sufficient to constitute a cause of action against the defendant, upon his promise in writing to the plaintiffs themselves to accept, and, therefore, to pay the bills in question, if all thbse facts had been set forth in the complaint (see 12 Wend. R., 598; 12 id., 513), it is enough to say that the plaintiffs have seen fit to set up, as a substantive cause of action, the ultimate fact, or conclusion of law, that the defendant accepted the bills; and, therefore, the…
2Cases cited7 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Schimmelpennich v. BayardSupreme Court of the United States · 1828
- Ontario Bank v. WorthingtonNew York Supreme Court · 1834
- Mayhew v. PrinceMassachusetts Supreme Judicial Court · 1814
- New York & Virginia State Stock Bank v. GibsonThe Superior Court of New York City · 1856
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