Lovett v. Cornwell
New York Supreme Court
Error from the superior court of New-York. Lovett bought of Cornwell and Wing a quantity of timber, amounting to $1046,10, as per bill, and at five o’clock in the afternoon of the 28th May, 1828, the parties settled, and Lovett gave Cornwell and Wing a check on the Franklin Bank for $1000. On the next day, at half past ten o’clock in the forenoon, the bank stopped payment in consequence of a writ of injunction, issued out of the court of chancery, served on the bank.
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Error from the superior court of New-York. Lovett bought of Cornwell and Wing a quantity of timber, amounting to $1046,10, as per bill, and at five o’clock in the afternoon of the 28th May, 1828, the parties settled, and Lovett gave Cornwell and Wing a check on the Franklin Bank for $1000. On the next day, at half past ten o’clock in the forenoon, the bank stopped payment in consequence of a writ of injunction, issued out of the court of chancery, served on the bank. The bank paid checks as usual on the morning of the 29th May, from the time the bank opened at ten o’clock A. M. until half…
1Opinion of the Court
The following opinions were delivered in the superior court:
By Chief Justice Jones.
The questions arising from the facts of this case will be, first, whether proof of the presentment and demand of the check, and notice of its dishonor, were, under the circumstances of the case, indispensable prerequisites to a recovery on the check; and secondly, whether the balance for which the check appears to have been given, was recoverable on the count upon an account stated or not. [These questions were considered at large upon the general principles of law applicable to the case ; but the opinion upon…
2Cited by8 opinions
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- Gough v. StaatsNew York Supreme Court · 1835
- Jones v. Board of Education of Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1934
- Thomas v. DickinsonNew York Supreme Court · 1852
- Fisher v. McGirrMassachusetts Supreme Judicial Court · 1854
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