Place v. McIlvain
New York Court of Common Pleas
Appeal "by the defendants Mcllvain and Young front a judgment on a v.erdict rendered on the second trial of the cause. The plaintiffs sued the defendants on a promissory note made by one Nichols to the order of the defendants, Mcllvain and Young, and indorsed by them in blank. It appeared, on the trial, that at the maturity of the note, the maker sent his negotiable check, dated nine days ahead, to the plaintiffs in a letter, of which the following is a copy : “ Messrs.
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Appeal "by the defendants Mcllvain and Young front a judgment on a v.erdict rendered on the second trial of the cause. The plaintiffs sued the defendants on a promissory note made by one Nichols to the order of the defendants, Mcllvain and Young, and indorsed by them in blank. It appeared, on the trial, that at the maturity of the note, the maker sent his negotiable check, dated nine days ahead, to the plaintiffs in a letter, of which the following is a copy : “ Messrs. Place:—I herewith enclose you my check on the Hanover Bank for four hundred and ninety dollars for my note now under…
1Opinion of the Court
By the Court.
Daly, F. J.
After the note in suit had matured and was under protest, Nichols, the maker, sent a check to the plaintiffs dated ten days ahead. The plaintiffs kept the check until about the time of its maturity, when they deposited it in their bank, expecting, as one of them testified, that it would be paid. As to these facts there is no conflict, the conflict being upon the question, whether there was or "was not an express promise to give time. Admitting, in consonance with the finding of the jury, that there was no express agreement, still the question remains, whether the…
2Cases cited5 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Putnam v. LewisNew York Supreme Court · 1811
- Hart v. HudsonThe Superior Court of New York City · 1857
- Bangs v. MosherNew York Supreme Court · 1856
- Keteltas v. WilsonNew York Supreme Court · 1862
3Cited by7 opinions
- Lundberg v. Northwestern Elevator Co.Supreme Court of Minnesota · 1889
- Maier v. CanavanNew York Court of Common Pleas · 1879
- Cavan v. City of BrooklynNew York City Court · 1889
- Eisner v. KellerNew York Court of Common Pleas · 1871
- Maier v. CanavanNew York Court of Common Pleas · 1879
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