Allen v. Suydam
New York Supreme Court
Error from the superior court of the city of New York. This was an action on the case by Suydam & Boyd against S. & M. Allen, for negligence in omitting, within a reasonable time, to present a draft for acceptance.
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Error from the superior court of the city of New York. This was an action on the case by Suydam & Boyd against S. & M. Allen, for negligence in omitting, within a reasonable time, to present a draft for acceptance. On the 16th August, 1833, the plaintiffs received from one John Eastabrook at New York, a draft for $8l6-89, drawn by him on W. W. & J. E. Eastabrook, a mercantile firm transacting business at Concord in New [369] Hampshire, dated 21st July, 1833, payable two months after date, to the order of the plaintiffs; who, on the same day that they received the draft, placed it in the hands…
1Opinion of the Court
By the Court,
Cowen, J.
The drawees were not in funds when the hill was presented; they would not have accepted without instructions to that effect; and the instructions were by letter not to accept. It was a hopeless bill, therefore, as to the drawees, in every sense; and the only ground o\i which tlie plaintiffs can claim is on the failure to present for acceptance with reasonable diligence,'i. e. immediately with a view to the plaintiff’s remedy over against the drawer.
To save the remedy by action against the drawer, it was enough as between the payees and him, that the bill should be…
2Cited by6 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Hendricks v. Jefferson County Savings BankSupreme Court of Alabama · 1907
- Woolen v. New York & Erie BankU.S. Circuit Court for the District of Northern New York · 1874
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